Legal Opinion

Gallagher v. Stern

Superior Court of Pennsylvania

Decided November 14, 1898No. Appeal, No. 35PublishedCited by 1 opinion

Appeal, No. 35, Oct. T., 1898, by terre-tenant, from order of C. P. No. 3, Phila. Co., Sept. T., 1893, No. 388, refusing to open judgment and let terre-tenant into a defense. Rule to open judgment. It appears from the record and testimony that Stern the defendant, was the owner of premises in Philadelphia, subject to a mortgage of $3,000, held by plaintiff. He also owed plaintiff a merchandise account.

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Appeal, No. 35, Oct. T., 1898, by terre-tenant, from order of C. P. No. 3, Phila. Co., Sept. T., 1893, No. 388, refusing to open judgment and let terre-tenant into a defense. Rule to open judgment. It appears from the record and testimony that Stern the defendant, was the owner of premises in Philadelphia, subject to a mortgage of $3,000, held by plaintiff. He also owed plaintiff a merchandise account. Subsequently the parties entered into a written agreement stipulating that plaintiff should refrain from proceeding on his mortgage, interest of which was unpaid, on which a scire facias sur…

1Opinion of the Court

Opinion by

W. W. Pouter, J.,

We are asked in this case to review the discretionary act of the court below in refusing to open a judgment entered upon a scire facias sur mortgage. The application to open is made by a terre-tenant, who took title at a sheriff’s sale of the land, at which notice of his claim was given by the present plaintiff.

The mortgagee was a creditor of the mortgagor by virtue of the mortgage and for certain merchandise sold. Pending this suit on the mortgage, they entered into a written agreement, in October, 1893, by which, and by a written power, Eugene Raymond, Esq., the…

2Cases cited2 opinions

  1. McCauley v. KellerSupreme Court of Pennsylvania · 1889
  2. Malone v. DoughertySupreme Court of Pennsylvania · 1875

3Cited by1 opinion

  1. Yeager v. CassidySuperior Court of Pennsylvania · 1900

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