Bruckman Lumber Co. v. Pittsburgh Insurance

Opinion by

Mr. Justice Linn,

A terre-tenant appeals from judgment for want of a sufficient affidavit of defense filed in answer to a scire facias sur mechanic’s lien. The affidavit admits the facts on which the lien, as of April 26, 1926, is claimed. The question for decision arises in the following circumstances: On April 16, 1926, the Pittsburgh Insurance Exchange, Inc., executed and delivered to a trustee a deed of trust in the nature of a mortgage to secure an issue of bonds. It was recorded April 19,1926. On June 14, 1928, the mortgagor defaulted on the bonds, whereupon the trustee,…