Gorgas v. Saxman
Supreme Court of Pennsylvania
Appeal, No. 175, Oct. T., 1906, by defendant, from order of C. P. Westmoreland Co., Feb. T., 1906, No. 228, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Samuel L. Gorgas v. Marcus W. Saxman. Scire facias sur mortgage. Before Doty, P. J. The facts are stated in the opinion of the Supreme Court. The court made absolute rule for judgment for want of a sufficient affidavit of defense'. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
Saxman was the mortgagor; Gorgas .the mortgagee. Two installments of the mortgage in the sum of $7,000 each, together with the accrued interest thereon, were due and unpaid. A scire facias was issued to enforce payment of the same. The appellants do not deny the amount of the payments due nor the accrued interest thereon up to a certain time, but claim that before the payments were made the mortgagor received notice from some source, not disclosed by the pleadings, that he should not pay Mr. Gorgas, because he was of unsound mind and not competent to transact…
2Cited by17 opinions
- Girsh TrustSupreme Court of Pennsylvania · 1963
- Ryman's CaseSuperior Court of Pennsylvania · 1939
- Myers EstateSupreme Court of Pennsylvania · 1959
- Taylor v. TaylorIndiana Supreme Court · 1910
- Mulholland v. Pittsburgh National BankSupreme Court of Pennsylvania · 1961
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