Girard Trust Co. v. George v. Cresson Co.

Opinion by

Mr. Justice Maxey,

Plaintiff was the holder of a first mortgage of $125,000 and defendants the holders of a second mortgage of $250,000 on premises at 18th and Allegheny Avenue, Philadelphia. In February, 1933, defendants became the owners of the real estate by foreclosure and on October 25, 1937, plaintiff instituted foreclosure proceedings by sci. fa. sur mortgage against defendants.

As a bar to plaintiff’s attempt to foreclose, defendants filed an affidavit of defense to the sci. fa. and subsequently upon plaintiff’s rule defendants filed their plea by way of confession and…