Stead v. Randall
Supreme Court of Pennsylvania
Appeal. No. 101, Jan. T., 1912, by G. Harry Davis, party defendant, from order of C. P. No. 3, Phila. Co., Dec. T., 1911, No. 1794, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Hannah A. Stead, Assignee of Hannah A. Stead, Executrix of Estate of James A. Stead, deceased, v. Harry L. Randal and Irene B. Randal, his wife, Mortgagors and G. Harry Davis, Real Owner. Scire facias sur mortgage.
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Appeal. No. 101, Jan. T., 1912, by G. Harry Davis, party defendant, from order of C. P. No. 3, Phila. Co., Dec. T., 1911, No. 1794, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Hannah A. Stead, Assignee of Hannah A. Stead, Executrix of Estate of James A. Stead, deceased, v. Harry L. Randal and Irene B. Randal, his wife, Mortgagors and G. Harry Davis, Real Owner. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Supreme Court. Error assigned was order making…
1Opinion of the Court
Per Curiam,
This appeal is from an order making absolute a rule for judgment for want of a sufficient affidavit of defense in a proceeding by scire facias on a mortgage, for default in payment of interest. It was provided in the mortgage that in case of a default in the payment of interest quarterly within thirty days of the time it became due, the principal debt should become due and payable immediately. The grounds of defense set up by the affidavit are (1) that an agreement between the parties extending the time for payment of the principal superseded the clause of forfeiture, and (2) that…
2Cited by1 opinion
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