Beaver County Building & Loan Ass'n v. Winowich

Concurring Opinion by

Mr. Chief Justice Kephart:

I concur in the result reached by the majority. It is true that the Mortgage Deficiency Judgment Act was passed in relief of mortgage debtors and that it should not be set aside unless clearly violative of a constitutional provision. That the act does conflict with the fundamental law, however, is conclusively demonstrated in the majority opinion. Unless we are to subject all contracts to legislative control or supervision the act must fall. This result does not, in my judgment, prevent mortgage debtors from securing substantial relief in another…