Mosteller v. Burkholder

Austin, J.,

Plaintiffs filed an action to compel defendants to satisfy a mortgage. The proceeding was filed by petition although more properly it should have been initiated by complaint under and in accordance with Pa. R. C. P. 1061 (b) (3). However, counsel for defendants, commendably, instead of asserting any technical objection, answered on the merits, and at the brief hearing held before the writer of this opinion on February 8, 1963, agreed that the matter should be decided upon the pleadings, and that the sole issue before the court was whether or not defendants should be ordered to…