National S. F. & B. Ass'n v. Waters
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA. COUNTY. January Term 1891, Sup. Ct.; court below, No. 98 September Term 1890, C. P. No. 4. On September 6, 1890, the National Savings Fund & Building Association issued a scire facias sur mortgage against Samuel D. Waters, with notice to the Real Estate Title Insurance & Trust Co., terre-tenant.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA. COUNTY. January Term 1891, Sup. Ct.; court below, No. 98 September Term 1890, C. P. No. 4. On September 6, 1890, the National Savings Fund & Building Association issued a scire facias sur mortgage against Samuel D. Waters, with notice to the Real Estate Title Insurance & Trust Co., terre-tenant. The mortgage upon which the writ issued was executed by Samuel D. Waters to the association, on July 26,1889; was duly recorded, and recited a bond of the mortgagor for $6,000 secured thereby, wherein it was agreed that if…
1Opinion of the Court
Per Curiam: :
The court below was right in entering judgment for the office costs only, and excluding the attorneys’ commissions. The services of the latter were not needed for the collection of the *501money. Indeed, no object is apparent for issuing the scire facias upon the mortgage, except to create a plausible pretext for a charge of attorneys’ commissions. Under the statement furnished by the plaintiff company to tbe defendants, on August 80th, the latter were entitled, under any fair and reasonable construction thereof, to pay tbe money at any time on or before September 11th. The issuing…
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