Fidelity Union Trust Co. v. Pavlovsky

Smith, Joseph L., C. C. J.

This comes on a motion to strike several defenses raised in a suit for deficiency arising out of the foreclosure of a mortgage. The suit is against many defendants, including the executors and devisees of the original mortgagor, Peter Pavlovsky, and is composed of five counts. The answer is filed in behalf of the executors and devisees under the will of the said Peter Pavlovsky, and relates to the first and second counts of the complaint only.

The defenses which the plaintiff moves to strike are the second, third, fourth, fifth and seventh defenses to the first count,…