Kirker v. Wylie
Supreme Court of Pennsylvania
Appeal, No. 103, Oct. T., 1903, by defendant, from order of O. P. No. 1, Allegheny Co., Dec. T., 1902, No. 994, making absolute rule for judgment for want of a sufficient affidavit of defense in case of John W. Kirker v. Daniel W. Wylie. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the case. * Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The plaintiff conveyed to the defendant a tract of land on which there were two mortgages, one given by a former owner and one by the plaintiff. The conveyance was made “ subject to two certain mortgages now on said property, amounting to $13,000, which the said second party assumes and agrees to pay, they being part of the consideration hereto.” After the defendant had parted with the title, the first mortgage was foreclosed, and the land was sold by the sheriff, the sale discharging the second mortgage. The plaintiff was sued on his bond, which accompanied the…
2Cases cited3 opinions
- Merriman v. MooreSupreme Court of Pennsylvania · 1879
- Moore's AppealSupreme Court of Pennsylvania · 1879
- Burke v. GummeySupreme Court of Pennsylvania · 1864
3Cited by10 opinions
- May's EstateSupreme Court of Pennsylvania · 1907
- Fair Oaks Building & Loan Ass'n v. KahlerSupreme Court of Pennsylvania · 1935
- Britton v. RothSupreme Court of Pennsylvania · 1933
- Greenspan v. MargolisSuperior Court of Pennsylvania · 1918
- Steinert v. GalassoSupreme Court of Pennsylvania · 1949
5 more not listed; retrieve them via the Exa API.