Zablocki v. Irwin

WOLFE, P.J.,

On October 24, 1978 we dismissed plaintiffs’ action in equity seeking mortgage foreclosure and allocation of mortgage debt between parcels of land subject to the lien of mortgage for the reason plaintiffs had an adequate remedy at law. [See Editor’s Appendix, post.] Subsequent to that decree plaintiffs have now filed their action in law for mortgage foreclosure pursuant to Pa.R.C.P. 1141 et seq. which requires the proceedings to conform to the rules of assumpsit.

Factually, defendants as mortgagors encumbered their respective premises of 38 acres and 3.73 acres to the Brookville…