Superior Court of Pennsylvania March 18, 1952, Appeal, No. 169 (Pittsburgh v. Mella)

Opinion by

Gunther, J.,

City of Pittsburgh, appellee, instituted this action in assumpsit to recover the purchase price ($650) of real estate sold under a written agreement to Charles P. Mella and Anna Mella, his wife, appellants. Appellants demurred to the complaint averring that' the City’s title acquired by a tax sale in 1900 was not good and marketable or free and clear of encumbrancés.