Pennsylvania Co. for Insurances on Lives & Granting Annuities v. Harrison

Opinion by

Mr. Justice Linn,

Defendants appeal from an order refusing to strike off the service on them of plaintiff’s petition to fix the fair valué of property sold in mortgage foreclosure; they challenge the jurisdiction of the court on the ground that the notice of the time fixed for hearing was not given in accord with the Deficiency Judgment Act of July 16, 1941, P. L. 400, 12 PS section 2621.1.

Judgment by confession was entered November 6, 1940, on their bond and damages were assessed at $16,-366.80. In execution, the sheriff sold the property to the plaintiff for $100, delivering his…