Pennsylvania Co. for Insurance on Lives & Granting Annuities v. Beaumont
Supreme Court of Pennsylvania
Appeal, No. 5, Jan. T., 1899, by Mary E. Beaumont, administratrix, one of the defendants, from order of C. P. Chester Co., April Term, 1898, No. 60, making absolute a rule for judgment for want of a sufficient affidavit of defense. Scire facias sur mortgage.
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Appeal, No. 5, Jan. T., 1899, by Mary E. Beaumont, administratrix, one of the defendants, from order of C. P. Chester Co., April Term, 1898, No. 60, making absolute a rule for judgment for want of a sufficient affidavit of defense. Scire facias sur mortgage. Mary A. Beaumont, administratrix of Theodore Beaumont, deceased, filed an affidavit of defense in which she averred that the mortgagors, Rush Beaumont and Theodore Beaumont, had, under the will of Eber Beaumont, which was fully recited in the affidavit of defense, no power to mortgage the premises directly or indirectly “ and no power to…
1Opinion of the Court
Per Curiam,
The court was clearly right in entering judgment for want of a sufficient affidavit of defense. There is nothing in the questions involved that requires special notice. It has never been supposed that the right to foreclose an overdue mortgage in any way depends upon the goodness of the mortgagor’s title to the premises embraced in the mortgage.
Judgment affirmed.
2Cited by2 opinions
- Townsend v. BoydSupreme Court of Pennsylvania · 1907
- In Re GorskiUnited States Bankruptcy Court, W.D. Pennsylvania · 1988