Herron ex rel. Murray v. Stevenson
Supreme Court of Pennsylvania
Appeal, No. 24, Oct. T., 1917, by defendants, from judgment of O. P. Allegheny Co., Oct. T., 1916, No. 1350, for want of a sufficient affidavit of defense, in case of Andrew W. Herron, for use of C. C. Murray, Receiver of the Fort Pitt National Bank of Pittsburgh, now for use of Henry Terheyden, v. Joseph S. Stevenson, Robert A. Stevenson, William T. Stevenson, and Mary I. Stevenson Waugh, Sole Heirs of Mary I. Stevenson, Deceased. Scire facias sur mortgage.
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Appeal, No. 24, Oct. T., 1917, by defendants, from judgment of O. P. Allegheny Co., Oct. T., 1916, No. 1350, for want of a sufficient affidavit of defense, in case of Andrew W. Herron, for use of C. C. Murray, Receiver of the Fort Pitt National Bank of Pittsburgh, now for use of Henry Terheyden, v. Joseph S. Stevenson, Robert A. Stevenson, William T. Stevenson, and Mary I. Stevenson Waugh, Sole Heirs of Mary I. Stevenson, Deceased. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. Before Shafer, P. J. The opinion of the Supreme Court states the facts.…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The appeal is from a judgment entered for want of a sufficient affidavit of defense in an action of scire facias sur mortgage. The mortgage was given March 14,1901, by Mary J. Stevenson, to secure a note for $3,100.00 on which her three sons were endorsers, and for all renéwals Of the same. The indebtedness on the note had been reduced from time to time until at the time of the last re*356newal, November 18, 1907, it amounted to but $1,300.00, and for this amount a new note was then given, payable at four months. This note has never been paid and the present demand…
2Cases cited7 opinions
- Appeal of FrossSupreme Court of Pennsylvania · 1884
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