Neale v. Dempster
Supreme Court of Pennsylvania
Appeal, No. 114, Oct. T. 1897, by plaintiffs, from order of C. P. No. 1, Allegheny Co., June T., 1896, No. 181, entering judgment. Rule for judgment for want of a sufficient affidavit of defense. The facts appear by the previous report of the case in 179 Pa. 569, and by the opinion of the Supreme Court.
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Appeal, No. 114, Oct. T. 1897, by plaintiffs, from order of C. P. No. 1, Allegheny Co., June T., 1896, No. 181, entering judgment. Rule for judgment for want of a sufficient affidavit of defense. The facts appear by the previous report of the case in 179 Pa. 569, and by the opinion of the Supreme Court. Plaintiff’s original rule for judgment was as follows: Enter rule on defendant to show cause why judgment should not be entered for want of a sufficient affidavit of defense (such judgment to be restricted as to lien and execution to the property described in plaintiffs’ statement,) for the…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
The first judgment entered in this case was in conformity with the claim of the plaintiffs that the land released from the lien of the mortgage was subject to the lien of and liable to seizure and sale upon a judgment obtained on the bond. It was founded upon the construction of the agreement and the mortgage, bond and release, provided for therein. The plaintiffs, in their reply to the affidavit of defense and the rule to restrict execution on the judgment to the land bound by the mortgage, distinctly affirmed that these instruments fully and correctly…
2Cases cited1 opinion
- Neale v. DempsterSupreme Court of Pennsylvania · 1897
3Cited by3 opinions
- Armstrong v. Standard Ice Co.Superior Court of Pennsylvania · 1937
- Paull v. PivarSuperior Court of Pennsylvania · 1947
- Smith v. DanielsonSuperior Court of Pennsylvania · 1911