Horvitch v. Eaton
Superior Court of Pennsylvania
Appeals, Nos. 7 and 10, March Term, 1912, by plaintiff and defendants, from order of C. P. Lackawanna Co., Oct. T., 1910, No. 356, making absolute rule for judgment for plaintiff for one-half the debt in suit in case of A. H. Horvitch, Assignee of A. II.
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Appeals, Nos. 7 and 10, March Term, 1912, by plaintiff and defendants, from order of C. P. Lackawanna Co., Oct. T., 1910, No. 356, making absolute rule for judgment for plaintiff for one-half the debt in suit in case of A. H. Horvitch, Assignee of A. II. Bortree, v. Thomas Eaton, Executor of the Estate of Elizabeth Evans, deceased, and Margaret Marie Reese, Mirion Gillispie, May Sylvanie Eaton, Elmer Elsworth Roberts and Idris Roberts, children, heirs and devisees of said Elizabeth Evans and Joseph Alanski, terre-tenant. Scire facias sur mortgage. Rule for judgment for want of a sufficient…
1Opinion of the Court
Opinion bt
Rice, J.,
These are cross appeals by plaintiff and defendants from judgment for plaintiff for one-half the debt in suit, without prejudice to his right to go to trial for thé balance. The proceeding was a scire facias issued July 8, 1910, upon a mortgage given by John D. Evans and Elizabeth Evans, his wife, upon two distinct pieces of land, each of which, as shown by the mortgage, as well as in fact, was owned in severalty, one by him and the other by her. By the terms of the mortgage, which was executed and recorded on October 8, 1902, the real debt, $1,000, was payable five years…
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- Ackerman's AppealSupreme Court of Pennsylvania · 1884
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