Comegys v. Davidson
Supreme Court of Pennsylvania
Appeal, No. 365, Jan. T., 1892, by defendant, George B. Davidson, from order of C. P. Lackawanna Co., June T., 1891, No. 609, making absolute rule for judgment for want of sufficient affidavit of defence in action by Benj. B. Comegys et al., Trustee of Henry Beckett’s Estate. Rule for judgment for want of a sufficient affidavit of defence in scire facias sur mortgage for purchase money.
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Appeal, No. 365, Jan. T., 1892, by defendant, George B. Davidson, from order of C. P. Lackawanna Co., June T., 1891, No. 609, making absolute rule for judgment for want of sufficient affidavit of defence in action by Benj. B. Comegys et al., Trustee of Henry Beckett’s Estate. Rule for judgment for want of a sufficient affidavit of defence in scire facias sur mortgage for purchase money. The affidavit of defence averred inter alia: “ 3. This lot conveyed to me was the last lot in said block owne.d and convejmd by the said executors and trustees of Henry Beckett, deceased. “ 4. The lot…
1Opinion of the Court
Opinion by
Mr. Justice Green,
This case arises upon the sufficiency of affidavits of defence. The action is a scire facias upon a mortgage given for the purchase money of land after a deed for the land had been accepted. The affidavits allege that the deed purported to convey a city lot in the city of Scranton, of the designated width of forty feet, and that in actual fact the width of the lot conveyed was but thirty-seven feet and four inches, and that the remaining two feet and eight inches of the lot were in the possession of another grantee of the same grantors, who took title thereto by a…
2Cases cited1 opinion
- Fowler v. EddySupreme Court of Pennsylvania · 1885
3Cited by3 opinions
- Federal Sales Co. v. FarrellSupreme Court of Pennsylvania · 1919
- Commonwealth ex rel. George v. McPhilipsSupreme Court of Pennsylvania · 1916
- De L'Isle v. Succession of MossSupreme Court of Louisiana · 1882