Rines v. Witman (Et Al.)

Opinion by

Mr. Justice Walling,

This is a scire facias sur mortgage, to which the defense of payment was set up by the terre-tenant. On July 27,1920, William Abbott Witman, Sr., gave Joseph Yetzer, a mortgage on land in Berks County to secure a debt of $7,000. Endorsements of record show payments thereon amounting to $3,200, and on November 5, 1923, Yetzer assigned the mortgage to John B. Stevens (now one of the judges of Berks County) and certified of record that $3,800 was unpaid thereon. By further assignments the mortgage passed to Frank J. Riñes, the plaintiff. To the scire facias, Henry…