Callahan v. Union Tr. Co. of Pbgh.

Opinion by

Mr. Chief Justice Frazer,

By stipulation of counsel, this interpleader proceeding was tried in the common pleas without a jury on an issue framed, under the Act of 1874, P. L. 109. Plaintiff, interpleader claimant, appeals from judgment against him and in favor of defendant, execution creditor.

Defendant trust company held a mortgage dated April 10,1928, of the Western Pennsylvania Amusement Company (hereinafter called amusement company) on property of the latter and its appurtenances, located in Beaver Falls, known and operated as the Regent Theatre. The mortgagor having defaulted in…