Walter v. Dickson
Supreme Court of Pennsylvania
Appeal, No. 155, Jan. T., 1896, by defendants, from order of C. P. No. 3, Phila. Co., Sept. T., 1895, No. 694, making absolute a rule for judgment for want of a sufficient affidavit of defense. Scire facias sur mortgage. The defendants filed the following affidavit of defense.
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Appeal, No. 155, Jan. T., 1896, by defendants, from order of C. P. No. 3, Phila. Co., Sept. T., 1895, No. 694, making absolute a rule for judgment for want of a sufficient affidavit of defense. Scire facias sur mortgage. The defendants filed the following affidavit of defense. James Dickson and Emily Dickson, the above named defendants, being duly and severally sworn, according to law, depose and say that they are advised, and so suggest to your honorable court, that this is a proceeding to sue out a mortgage, and upon the record the plaintiff has no cause of action, inasmuch as there has not…
1Opinion of the Court
Opinion by
Mr. Justice Green,
At the time the present action was brought the principal of the mortgage in question had been overdue for several years. *207In order to maintain the suit it was not necessary for the holder of the mortgage to make any preliminary demand for the payment of either 'the principal or interest, nor is it necessary to make such a demand in order to recover attorney’s commissions which were stipulated to be paid by the debtor. This was expressly decided in Warwick Iron Co. v. Morton, 148 Pa. 72, where it was said in the opinion of the court below, affirmed by us, that, “We…
2Cases cited3 opinions
- Warwick Iron Co. v. MortonSupreme Court of Pennsylvania · 1892
- Lewis v. Germania Savings BankSupreme Court of Pennsylvania · 1880
- National S. F. & B. Ass'n v. WatersSupreme Court of Pennsylvania · 1891
3Cited by5 opinions
- Graves v. BurchWyoming Supreme Court · 1919
- Scott v. CarlSuperior Court of Pennsylvania · 1904
- Westwater v. MurrayCourt of Appeals for the Sixth Circuit · 1917
- Kennedy v. QuiggSuperior Court of Pennsylvania · 1897
- Jeck v. Halpren, Pennsylvania Court of Common Pleas, Philadelphia County1942