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Philadelphia v. Rutherford (et al., Appellant).

Municipal claims — Sale of real property — Redemption — Necessary expenditures by purchaser — Payment by redemptor — Title insurance — Improvements — Compliance with orders of Fire Marshal — Act of May 16, 1923, P.L. 207.

In a proceeding under § 32 of the Act of May 16, 1923, P.L. 207, upon a petition of the assignee of a judgment debtor for redemption of a property sold by the sheriff under a judgment for a municipal lien, it was Held that (1) the purchaser was not entitled to reimbursement for the cost to him of title insurance on the property or (2) the cost of improvements to the property made in order that the property might be rented profitably, as distinguished from necessary expenses for maintenance; (3) the redemptor was not entitled to a credit for the rent received by the purchaser, since the property had been unrentable without the improvements made by the purchaser; and (4) the purchaser was entitled to payment of the amount expended by him to enable him to comply with the orders of the Fire Marshal.

Argued October 7, 1948.

PER CURIAM, November 9, 1948:

The order of the court below is affirmed on the opinion of President Judge GORDON.

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PHILADELPHIA v. RUTHERFURD ET AL
(Nov 9, 1948)