Morgan v. Morgan
Supreme Court of Pennsylvania
Appeal, No. 122, Jan. T., 1895, by plaintiff, from order of C. P. Montgomery Co., Oct. T., 1894, No. 104, discharging rule for judgment for want of a sufficient affidavit of defence. Scire facias sur mortgage.
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Appeal, No. 122, Jan. T., 1895, by plaintiff, from order of C. P. Montgomery Co., Oct. T., 1894, No. 104, discharging rule for judgment for want of a sufficient affidavit of defence. Scire facias sur mortgage. Defendant in his affidavit of defence averred: That on or about the first day of December, A. D. 1887, he purchased at sheriff’s sale a messuage and tract of land situate in the township of Whitpain, in the county of Montgomery aforesaid, containing 39 acres and 41 perches, more or less. And on December 12, A. D. 1887, Henry C. Kline, high sheriff of said county, acknowledged and…
1Opinion of the Court
Per Curiam,
Assuming, as we must in cases such as this, that the averments of fact contained in the affidavit of defence are true, the court was right in holding that there is enough in defendant’s affidavit to carry the case to the jury; and hence there was no *453error in discharging plaintiff’s rule for judgment for want of a sufficient affidavit of defence.
Appeal dismissed with costs to be paid by plaintiff, but without prejudice, etc.
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