Legal Opinion

McCutcheon ex rel. Gregg v. Allen

Supreme Court of Pennsylvania

Decided November 26, 1880PublishedCited by 8 opinions

Certiorari to the Court of Common Pleas'of Butler county: Of October and November Term, 1879, No. 325. Scire facias sur mortgage issued by Charles L. McCutcheon, for the use Of David Gregg, against Robert Allen.

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Certiorari to the Court of Common Pleas'of Butler county: Of October and November Term, 1879, No. 325. Scire facias sur mortgage issued by Charles L. McCutcheon, for the use Of David Gregg, against Robert Allen. In the court below, Allen presented a petition which, in substance, set forth that after execution issued on March 3d 1879, Robert Allen presented a petition to court saying that on or about January 24th 1876, he had procured from David Gregg a loan of $518,380, and had given a mortgage and bond on his property in Butler county for $22,000; that the mortgage and bond were executed to…

1Opinion of the CourtJustice Mercur

■ The record shows a scire facias issued on a mortgage, service of writ accepted by the defendant, and affidavit of defence filed. Afterwards the affidavit of defence was withdrawn and judgment confessed by the defendant for a sum specified as per writing filed. Thus it is shown to have been a judgment in all respects regular in form.

On petition of the defendant the court afterwards granted a rule to show cause why the judgment should not be opened and satisfied to the extent of a sum specified in petition. ' An answer was filed denying the averments in the petition. Depositions were taken,…

2Cited by8 opinions

  1. Nixon v. NixonSupreme Court of Pennsylvania · 1938
  2. Lillie v. DennertCourt of Appeals for the Sixth Circuit · 1916
  3. Brader v. AlinikoffSuperior Court of Pennsylvania · 1925
  4. Kaplan v. BaronSuperior Court of Pennsylvania · 1917
  5. Allen v. Gregg ex rel. McCandlessSupreme Court of Pennsylvania · 1888

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