Hickey v. Stern

Opinion by

Me. Justice Drew,

In this scire facias sur mortgage proceeding, instituted by James A. Hickey, assignee, against Jacob and Isaac Stern, terre tenants, the learned court below entered judgment for plaintiff for want of a sufficient affidavit of defense. Defendants appealed.

A supplemental affidavit of defense was filed wherein it was averred, inter alia (as set forth in the Opinion of the court below) that there was a “breach of an alleged oral agreement between plaintiff’s assignor, acting by her agent, Robert Nash, and defendant Jacob Stern, entered into six months after the…