Cain v. Hutson

EDGERTON, Associate Justice.

This is an appeal from a judgment of the District Court dismissing appellant’s suit.

Appellees were mortgagees under a bond and mortgage dated June 23, 1932, in the principal sum of $6,800. The mortgage covered real estate in Pennsylvania, and was executed there by Cecil B. Pascoe. By May 10, 1939, when this complaint was filed, appellees had collected over $12,000. This is a suit for an accounting of the sums collected.

Pascoe, the mortgagor, died a resident of Pennsylvania, where his estate is being administered. His administrator is not a party to this suit.1…