Legal Opinion

Clark v. Spheen

Supreme Court of Pennsylvania

Decided July 1, 1921No. Appeal, No. 300PublishedCited by 1 opinion

Appeal, No. 300, Jan. T., 1921, by defendants, from judgment of C. P. No. 3, Pbila. Co., March T., 1919, No. 5023, on verdict for plaintiff, in case of Celia Clark, Assignee of Helen Van Bushkirk, v. Morris Spheen, Mortgagor; Milton H. Davis et al., Beal Owners. Scire facias sur mortgage. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $4,410. Defendant appealed.

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Appeal, No. 300, Jan. T., 1921, by defendants, from judgment of C. P. No. 3, Pbila. Co., March T., 1919, No. 5023, on verdict for plaintiff, in case of Celia Clark, Assignee of Helen Van Bushkirk, v. Morris Spheen, Mortgagor; Milton H. Davis et al., Beal Owners. Scire facias sur mortgage. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $4,410. Defendant appealed. Error assigned, among others, was order overruling motion for judgment n. o. v.; quoting the record.

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

By assignment dated October 10, 1916, and duly recorded, plaintiff became owner of a mortgage on property located on Albanus Street, near Front Street, in the City of Philadelphia, dated July 12, 1915, given by Mor*93ris Spheen to Helen Yan Bushkirk. Proceedings to collect the indebtedness secured by the mortgage were begun by scire facias, issued May 13, 1919, in which was averred default in the payment of interest, maintenance of insurance and production of tax receipts. M. H. Davis, S. H. Dean and N. B. Kenny were named as real owners of the premises. An affidavit…

2Cases cited1 opinion

  1. Wick v. RoopSupreme Court of Pennsylvania · 1916

3Cited by1 opinion

  1. Carlisle Tr. Co. v. Myers Et Ux.Superior Court of Pennsylvania · 1936

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