City of Philadelphia v. Simon

Kun, J.,

On foreclosure proceedings by sci fa. sur mortgage for $3,500 in Court of Common Pleas No. 3, June term, 1936, no. 4623, plaintiff mortgagee bought the premises for $75 in 1936 and took title thereto. Thereafter, in 1939, plaintiff entered judgment in this court as above against defendants on their bond and warrant secured by that mortgage. The Deficiency Judgments Act of July 16, 1941, P. L. 400, 12 PS §2621.1 et seq., provides that, in case of purchase by a plaintiff in execution of real property, if he wishes to proceed for any deficiency on the judgment he must petition the court…