Donaldson, to Use v. Bielski

Opinion by

Stadtfeld, J.,

This is a petition by Emerson Samuels, a junior creditor, under the Act of July 9, 1897, P. L. 237, 12 PS sec. 911, in which it is charged, that the use-plaintiff fraudulently and collusively confessed a judgment on a bond accompanying a mortgage, for $4,436.65. The petition admits, however, that the records show that there is $1,750.72 due on said mortgage, with interest from January 9, 1939.

A responsive answer was filed by the use-plaintiff in which he averred that he purchased this mortgage and bond over a period of time starting in the year 1928 and completed in…