Legal Opinion

Fredonia National Bank v. Borden

Supreme Court of Pennsylvania

Decided January 21, 1895No. Appeal, No. 6PublishedCited by 1 opinion

Appeal, No. 6, Oct. T., 1894, by terre tenant, from order of G. P. Forest Co., Feb. T., 1893, No. 53, making absolute rule for judgment for want of sufficient affidavit of defence. Rule for judgment for want of a sufficient affidavit of defence in sci. fa. sur mortgage.

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Appeal, No. 6, Oct. T., 1894, by terre tenant, from order of G. P. Forest Co., Feb. T., 1893, No. 53, making absolute rule for judgment for want of sufficient affidavit of defence. Rule for judgment for want of a sufficient affidavit of defence in sci. fa. sur mortgage. Before Noyes, P. J. T. D. Collins, terre tenant of timber, was permitted to intervene ; he filed an affidavit of defence in which he averred: “ That he purchased, on Sept. 3,1891, from J. A. Waterhouse, the timber on the whole or a part of the mortgaged premises, and took a deed of conveyance thereof. That at the time of said…

1Opinion of the Court

Opinion by

Mb. Justice McCollum,

The appellant having purchased the timber on three hundred acres of land included in several mortgages on which suits were brought, was allowed “ to appear and defend in said suits as a terre tenant ” of the timber right and estate he acquired by his purchase. In this suit, and in No. 7, October Term, 1894, lie filed an affidavit of defence in which he averred that the timber was sold to him with the knowledge and consent of the plaintiff and that the latter received the entire proceeds of the sale of it. In No. 8, October Term, 1894, he filed an affidavit in…

2Cases cited1 opinion

  1. Pratt v. WaterhouseSupreme Court of Pennsylvania · 1893

3Cited by1 opinion

  1. Fredonia National Bank v. PerrinSupreme Court of Pennsylvania · 1895

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