Wilson v. Eckman
Superior Court of Pennsylvania
Appeal, No. 49, Oct. T., 1913, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1911, No. 606, on verdict for plaintiff in case of Elizabeth Wilson v. Hannah L. Eckman et ah, Administrators c. t. a. of Phoebe Mills, deceased. Scire facias sur mortgage. Before Davis, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $974.51. Defendants appealed.
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Appeal, No. 49, Oct. T., 1913, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1911, No. 606, on verdict for plaintiff in case of Elizabeth Wilson v. Hannah L. Eckman et ah, Administrators c. t. a. of Phoebe Mills, deceased. Scire facias sur mortgage. Before Davis, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $974.51. Defendants appealed. Errors assigned were as to the admission of the evidence quoted in the opinion of the Superior Court. The evidence admitted was insufficient to rebut the presumption of payment and the…
1Opinion of the Court
Opinion by
Porter, J.,
This is a scire facias upon a mortgage, dated December 17, 1885, and recorded the same day, and which became due and payable one day after the date thereof. Phoebe Mills, the mortgagor, died April 21, 1910. The writ of scire facias issued on March 3, 1911. The debt secured by the mortgage, it thus appears, had been due and payable for a period of more than twenty-five years before this proceeding was instituted for its collection. The plaintiff recovered a verdict and judgment in the court below and the defendants appeal. The appellants state the question involved to be:…
2Cases cited8 opinions
- Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888
- Reed v. ReedSupreme Court of Pennsylvania · 1863
- Fidelity Title & Trust Co. v. ChapmanSupreme Court of Pennsylvania · 1910
- Porter v. Nelson's Exrs.Supreme Court of Pennsylvania · 1888
- Delany v. RobinsonSupreme Court of Pennsylvania · 1837
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Coleman & Stahl v. WeimerSuperior Court of Pennsylvania · 1925
- Smith's EstatePennsylvania Orphans' Court, Philadelphia County · 1941