Kilpatrick v. Home B. & L. Ass'n
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF DELAWARE COUNTY. No. 427 January Term 1887, Sup. Ct.; court below, No. 10 March Term 1887, C. P. On December 10, 1886, a scire facias sur mortgage issued in favor of The Home Building and Loan Association against Oliver Troth, mortgagor, and Robert Kilpatrick, terre tenant.
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ERROR TO THE COURT OF COMMON PLEAS OF DELAWARE COUNTY. No. 427 January Term 1887, Sup. Ct.; court below, No. 10 March Term 1887, C. P. On December 10, 1886, a scire facias sur mortgage issued in favor of The Home Building and Loan Association against Oliver Troth, mortgagor, and Robert Kilpatrick, terre tenant. An affidavit of defence was filed by Kilpatrick setting out, in substance, his ownership of one of two adjoining properties upon which Troth had executed the mortgage in suit, and that at the time of his purchase from Troth, he and one George Beeby, his conveyancer, went with Troth to…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
While the facts intended to constitute an affidavit of defence need not be presented according to any prescribed form, they must be so distinctly stated that the nature and character of the defence will clearly appear. In passing upon the sufficiency of such affidavits, every material and unequivocal averment of fact must be accepted as verity.
Applying these principles to the affidavits in question, we *35think they present, with sufficient clearness and precision, facts which prima facie constitute a good defence as to that portion of the mortgaged premises which is…
2Cases cited1 opinion
- McIntyre v. Kennedy, Childs & Co.Supreme Court of Pennsylvania · 1857
3Cited by18 opinions
- First Pennsylvania Bank, N. A. v. TriesterSuperior Court of Pennsylvania · 1977
- Citizens' Bk. of Wind Gap v. LipschitzSupreme Court of Pennsylvania · 1929
- Noble v. DoughtenSupreme Court of Kansas · 1905
- Romaine v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2006
- Hare v. Connecticut Mutual Life Ins. Co. of HartfordWest Virginia Supreme Court · 1934
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