Excelsior Saving Fund v. Cochran
Supreme Court of Pennsylvania
Appeal, No. 358, Jan. T., 1908, by-defendant, from judgment of O. P. Delaware Co., March T., 1905, No. 70, on verdict for plaintiff in case of Excelsior Saving Fund v. I. Engle Cochran, Jr., Mortgagor, and Lydia Gibbons, use owner. Scire facias sur mortgage. At the trial Lydia Gibbons made various offers of evidence to prove title in herself superior to that of the mortgagor.
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Appeal, No. 358, Jan. T., 1908, by-defendant, from judgment of O. P. Delaware Co., March T., 1905, No. 70, on verdict for plaintiff in case of Excelsior Saving Fund v. I. Engle Cochran, Jr., Mortgagor, and Lydia Gibbons, use owner. Scire facias sur mortgage. At the trial Lydia Gibbons made various offers of evidence to prove title in herself superior to that of the mortgagor. These offers were objected to and the objections were sustained, and exceptions allowed. [3-14] The court gave binding instructions for plaintiff. Yerdict and judgment for plaintiff for $8,335.19. Defendant appealed.…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This was an action of scire facias sur mortgage. The writ was directed not only against the mortgagor, but against Lydia Gibbons, the appellant here, as owner, and those occupying the premises under her, as terre-tenants, in conformity with the requirements of the Act of July 9, 1901, P. L. 614, amended by the Act of April 23, 1903, P. L. 261. Judgment by default having been taken against the mortgagor on two returns of nihil, the case was proceeded with to trial against the owner who, after filing an affidavit of defense, had pleaded regularly to the action. On…
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