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HAUGHEY v. DILLON

379 Pa. 1 (1954)

Haughey v. Dillon, Appellant.

Supreme Court of Pennsylvania.

September 27, 1954.

Attorney(s) appearing for the Case

P. Nicholson Wood, with him Grover C. Ladner, Herbert G. Schick and Clark, Ladner, Fortenbaugh & Young, for appellant.

C. Russell Phillips, with him Lester S. Hecht and Montgomery, McCracken, Walker & Rhoads, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ARNOLD, September 27, 1954:

In this action to quiet title, tried by a jury, defendant appeals from the court's refusal of his motions for new trial and for judgment n.o.v. The appeal poses two questions: (1) Was the presumption of payment of a mortgage upon the premises rebutted as a matter of law? (2) Does the assignee of a mortgage, by assignment subsequent to a tax sale of the mortgaged premises, have...

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