Leechburg Building & Loan Ass'n v. Kinter
Supreme Court of Pennsylvania
Appeal, No. 51, Oct. T., 1911, by defendants, from order of C. P. Armstrong Co., Dec. T., 1910, No. 35, making absolute, rule for judgment for want of a sufficient affidavit of defense in case of Leechburg Building & Loan Association by C. F. Armstrong, Liquidating Trustee, v. A. O. Kinter and J. D. Pugh. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the facts.
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Appeal, No. 51, Oct. T., 1911, by defendants, from order of C. P. Armstrong Co., Dec. T., 1910, No. 35, making absolute, rule for judgment for want of a sufficient affidavit of defense in case of Leechburg Building & Loan Association by C. F. Armstrong, Liquidating Trustee, v. A. O. Kinter and J. D. Pugh. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the facts. Error assigned was order making absolute a rule for judgment for want of a sufficient affidavit of defense. The affidavit of defense was sufficient:…
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
This appeal is from an order making absolute a rule for judgment for want of a sufficient affidavit of defense in an action upon a building association mortgage. The mortgage was given in 1903 to secure the payment of the bond of the mortgagor, who was a stockholder of the" association, and was payable in 1913. In 1909 the association became insolvent and was dissolved and a liquidating trustee was appointed who brought this action-. At the time of the execution of the bond and mortgage* the mortgagor assigned ten shares of his stock to the association in…
2Cases cited2 opinions
- Strohen v. Franklin Saving Fund & Loan Ass'n ex rel. McKinleySupreme Court of Pennsylvania · 1887
- Freemansburg Building & Loan Ass'n v. WattsSupreme Court of Pennsylvania · 1901
3Cited by6 opinions
- Robert Grace Contracting Co. v. Norfolk & Western Railway Co.Supreme Court of Pennsylvania · 1918
- Hamilton Trust Co. v. HoskinsSupreme Court of Pennsylvania · 1914
- Smith v. Bath Loan & Building Ass'nSupreme Judicial Court of Maine · 1927
- Stoddard v. KlineSuperior Court of Pennsylvania · 1912
- Wetmore CaseSupreme Court of Pennsylvania · 1943
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