Harrison Bros. & Co. v. Hartley

Dannehower, J.,

In this sci. fa. sur mortgage proceeding, the plaintiff, who is the owner by assignment from a joint mortgagee of an undivided one-*340third interest in a mortgage, has filed this rule for judgment for want of a sufficient affidavit of defense. The real owner filed the only affidavit of defense; the mortgagor, the other party defendant, filed none.

Admitting, for the purpose of this rule, all the sufficiently pleaded averments contained in the affidavit of defense, the sci. fa. sur mortgage statement and the affidavit of defense disclose the following facts:

1. On July 1,1926, Frank…