Segreti, Exr. v. Frisk Et Ux.

Opinion by

Mr. Justice Schaffer,

This is a proceeding by scire facias to revive and continue the lien of a judgment. The issue is: Has a judgment, entered on a bond accompanying a mortgage, been discharged by reason of the fact that the mortgagee has become the owner of the fee? The court below held the judgment was discharged and entered judgment for defendants. Plaintiff appeals.

Spade and wife conveyed a property to Frisk and wife on March 26, 1929, and as part of the consideration accepted a bond and mortgage from the vendees for $2,500. The mortgage was subject to a prior one of $2,000.…