West Arch Building & Loan Ass'n v. Nichols

Opinion by

Mr. Justice Kephart,

Appellee entered judgment on a bond accompanying a mortgage, issued a writ of fieri facias thereon under the Act of May 6, 1929, P. L. 1557, and sold the mortgaged premises without inquisition. The validity of the sale and the constitutionality of the Act of 1929 were the questions passed on by the court below and which are here for decision. The sale and the act were sustained.

At an early date, the legislature took steps to protect land from forced sales for debts. The Act of 1705,1 Sm. L. 57, provided that lands which in seven years would yield yearly…