Snyder v. McLanahan
Supreme Court of Pennsylvania
Appeal, No. 19, Jan. T., 1902, by defendant, from order of C. P. Blair Cq., March T., 1900, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of John M. Snyder, Assignee of Archibald McFadden, v. J. King McLanahan, Jr. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. Before John Stewart, P. J., specially presiding.
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Appeal, No. 19, Jan. T., 1902, by defendant, from order of C. P. Blair Cq., March T., 1900, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of John M. Snyder, Assignee of Archibald McFadden, v. J. King McLanahan, Jr. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. Before John Stewart, P. J., specially presiding. The affidavit of defense was as follows : In 1877 Archibald McFadden made a deed of assignment for the benefit of creditors to A. S. Morrow. Barbara McFadden, wife of said Archibald McFadden, did…
1Opinion of the Court
Opinion by Mr.
Justice Mestbezat,
This is a rule for judgment for want of a sufficient affidavit of defense. The court below made the rule absolute and entered judgment against the defendant. He appeals. The plaintiff is the assignee of Archibald McFadden who made *60and delivered a deed of assignment for the benefit of his creditors in 1877, but in which his wife did not join. McFadden died in 1887, intestate, leaving to survive him his widow and three children. The real estate of the assignor was sold by his assignee on March 7,1896, in pursuance of an order of the court of common pleas of Blair…
2Cases cited2 opinions
- Fahrig v. SchimpffSupreme Court of Pennsylvania · 1901
- Leard's Assigned EstateSupreme Court of Pennsylvania · 1894
3Cited by1 opinion
- Jack's EstatePennsylvania Orphans' Court, Lancaster County · 1947