Rieder v. Miller
Superior Court of Pennsylvania
Appeal, No. 292, Oct. T., 1917, by plaintiff, from order of O. P. No. 3, Philadelphia Co., March T., 1917, No. 1270, discharging rule for judgment for want of a sufficient affidavit of defense in case of Charles Rieder et al., Trustees of the Master Barbers’ Beneficial Assn., v. Catharine Miller et al., Executrices, etc. Mortgagors, Catharine Miller et al., real owners. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 292, Oct. T., 1917, by plaintiff, from order of O. P. No. 3, Philadelphia Co., March T., 1917, No. 1270, discharging rule for judgment for want of a sufficient affidavit of defense in case of Charles Rieder et al., Trustees of the Master Barbers’ Beneficial Assn., v. Catharine Miller et al., Executrices, etc. Mortgagors, Catharine Miller et al., real owners. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. From the record it appeared that John W. Miller died on May 26,1900, leaving a will which was as follows: “First. — I order and direct…
1Opinion of the Court
Opinion by
Head, J.,
The question involved in this appeal is single and simple of comprehension. It does not follow, however, its correct solution may not be attended with some diffi-culty real or apparent. The action was scire facias sur mortgage. The defendants claiming to be the real owners of the property covered by the mortgage, asked and obtained leave to intervene pro interesse suo. There was an affidavit of defense filed. There followed a rule for judgment for want of a sufficient affidavit, which was discharged. The plaintiffs appeal. The defense set up was the mortgagors who were the…
2Cases cited2 opinions
- Fidler v. LashSupreme Court of Pennsylvania · 1889
- Schenck v. ClydeSuperior Court of Pennsylvania · 1913
3Cited by1 opinion
- Davis v. Pennsylvania Co., Etc.Supreme Court of Pennsylvania · 1940