American State Bank & Trust Co. v. Mariades

Opinion by

Mr. Justice Drew,

Defendant filed in the court below exceptions to and a motion to set aside a sheriff’s sale on a judgment con fessed on a bond accompanying a mortgage. After argument the motion was denied. He later applied for reargument and for the taking of testimony. This was also refused. The appeal followed.

Because no testimony was taken and since plaintiff by responsive answer denied most of defendant’s allegations of fact (Harr v. Bernheimer, 322 Pa. 412; Di Trolio v. Parisi, 317 Pa. 507) the only relevant averments possibly open for our consideration are that the advertised…