First Mortgage Guarantee Co. v. Powell

Opinion by

Linn, J.,

After execution issued on a judgment entered by the prothonotary pursuant to Section 28 of the Act of 1806, 4 Sm. L. 278, on a bond accompanying a mort gage, appellant obtained leave to pay into court $350, (5% of the principal claimed) as attorney’s fee-in the foreclosure proceeding. Such leave was granted “on condition that the defendant [appellant] pay to plaintiff forthwith the debt with interest and proper costs, plaintiff to satisfy the said motion [mortgage?] of record and a rule is granted on and upon plaintiff to show his right in the premises to the said sum of…