Fidelity Title & Trust Co. v. Garrett

Opinion by

Mr. Justice Barnes,

Defendant appeals from an order of the court below refusing to open a judgment entered upon a bond secured by a mortgage. The real issue between the parties is whether the plaintiff mortgagee is claiming in the judgment and execution more than is justly due upon the bond and mortgage.

From the evidence it appears that in 1929 defendant, Perry A. Garrett, was the owner of two lots in the Borough of Aliquippa, Beaver County, upon which there was erected a three-story apartment house, with a storeroom on the ground floor, and twelve apartments on the other floors. On…