Continental Title & Trust Co. v. Devlin
Supreme Court of Pennsylvania
Appeal, No. 163, Jan. T., 1903, by-defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 19Ó2, No. 2397, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Continental Title & Trust Company v. John Devlin. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. The material averments of the statement of claim and the affidavits of defense are set forth in the opinion of the Supreme Court.
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Appeal, No. 163, Jan. T., 1903, by-defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 19Ó2, No. 2397, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Continental Title & Trust Company v. John Devlin. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. The material averments of the statement of claim and the affidavits of defense are set forth in the opinion of the Supreme Court. The court made absolute the rule for judgment for want of a sufficient affidavit of defense. Error assigned was the order of…
1Opinion of the Court
Opinion by
Mb.. Justice Dean,
This is an appeal by defendant from a judgment entered against him in the court below for $28,852.84 in default of a sufficient affidavit of defense.
It is necessary to an understanding of appellant’s complaint of error, to briefly state the facts. The defendant was the owner of a plot of ground in Germantown and also of land in the southern part of the city. Plaintiff advanced to defendant $50,000 to be applied as purchase money and. to the dis*383charge of two small mortgages on the Germantown property and for this took from him as security the mortgage on that…
2Cases cited2 opinions
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