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MILLER v. LEOPOLD

Nos. 13 and 14 Tr. Dkt. 1975.

23 Pa.Commw. 483 (1976)

Harold E. Miller v. Emanuel S. Leopold, Appellant. Harold E. Miller v. Ardie J. Dillen and Isaiah Scheeline, Jr., Trustees for the Baker Estates, Appellants.

Commonwealth Court of Pennsylvania.

March 2, 1976.

Attorney(s) appearing for the Case

John E. Eberhardt, Jr., with him Emanuel S. Leopold, Isaiah Scheeline, and Scheeline & Leopold, for appellants.

Richard G. Kotarba, with him Meyer, Unkovic & Scott, for appellees.

Argued October 27, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, March 2, 1976:

Harold E. Miller (Miller) commenced an action against Emanuel S. Leopold (Leopold) to quiet title to an 18-acre tract in which his claim of title was founded upon a county treasurer's sale.1 Leopold filed an answer containing new matter in which he averred that his title to the land in question was based upon the foreclosure of a mortgage which had not been divested by the tax sale proceedings.<...

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