Lawrence v. Korn
Supreme Court of Pennsylvania
Appeal, No. 224, Jan. T., 1897, by plaintiff, from order of C. P. No. 4, Plrila. Co., March T., 1897,. No. 787, making absolute a rule for judgment for want of a sufficient affidavit of defense. Rule for judgment on scire facias sur mortgage for want of a sufficient affidavit of defense. The averments of the affidavit of defense sufficiently appear by the opinion of the Supreme Court. Error assigned was in making absolute a rule for judgment,
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The action was to recover the principal of an overdue mortgage debt. The assignments of error relate to the order ol the court in making absolute a rule for judgment for want of a sufficient affidavit of defense. The grounds of defense presented by the affidavit are, (1) that the defendant has begun and is prosecuting with due diligence proceedings in partition in the orphans’ court, under which the mortgage, being against his undivided interest, will be discharged and payment made from the fund raised by sale; (2) that the right of the plaintiff to sue does not…
2Cases cited3 opinions
- Long's AppealSupreme Court of Pennsylvania · 1874
- Stewart v. Allegheny National BankSupreme Court of Pennsylvania · 1882
- Robisson v. MillerSupreme Court of Pennsylvania · 1893