Gettysburg National Bank v. Saxe

SPICER, P.J.,

Plaintiff bank filed two complaints under Pa.R.C.P. 2981 while entering judgments on two mortgage bonds. The actions have been consolidated for our purposes.

Defendants, husband and wife, filed answers to both complaints. The answers contained averments not now material and then asserted, in new matter, that defendants had executed and recorded a deed in lieu of foreclosure but that plaintiff refused to accept possession. The alleged conveyance is set up as a defense to these two actions in personam.

As part of the answers, defendants attached a letter copy from bank counsel in…