Shope v. Rodenhaver

Opinion by

Trexler, J.,

An issue was framed to determine whether an execution issued on a warrant of attorney contained in a judgment bond accompanying a mortgage was or was not prematurely issued and what was the actual amount for which the defendant was liable to the plaintiff. '

J. Edgar Bodenhaver, the defendant, bought some lots from Edward F. P. L. Shope, the plaintiff, for $10,000, paid $5,000 and gave to him a bond and mortgage, dated October 7, 1922, for $5,000', for the unpaid purchase money, said sum to be paid “one year from the date hereof” with interest payable semi-annually

“with…