Mutual Life Insurance ex rel. Scott v. Tenan
Supreme Court of Pennsylvania
Appeal, No. 91, Oct. T., 1898, by defendant, from order of C. P. Washington Co., Nov. T., 1897, No. 57, making absolute a rule for judgment for want of an .affidavit of defense. Scire facias sur mortgage.
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Appeal, No. 91, Oct. T., 1898, by defendant, from order of C. P. Washington Co., Nov. T., 1897, No. 57, making absolute a rule for judgment for want of an .affidavit of defense. Scire facias sur mortgage. From the record it appeared that the court entered the following judgment: And now, October 15, 1897, ten days after the return day of the writ in the above case, said writ having been returned by the sheriff served upon George M. Tenan, executor of the-will of Stephen Smith, deceased, and nihil as to M. H. Steven-' son named as terre-tenant in the writ; upon motion of plaintiff’s counsel…
1Opinion of the Court
Opinion by
Mr. J ustión Green,
The proceeding in this case was a scire facias on a mortgage given by Smith, the defendant’s testator, to the legal plaintiff. An affidavit of claim was filed for a portion of the debt secured by the mortgage, the other portion having been paid. There was no service of the writ upon the terre-tenant, Stevenson, and there was no appearance and no affidavit of defense filed by the executor of Smith. On motion of the plaintiff’s counsel, the court entered judgment' against Tenan, executor of Smith, for want of an affidavit of defense, and the same day the amount due…
2Cases cited2 opinions
- Cadmus v. JacksonSupreme Court of Pennsylvania · 1866
- Seymour v. HubertSupreme Court of Pennsylvania · 1877
3Cited by8 opinions
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- McGlinn's EstateSupreme Court of Pennsylvania · 1921
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- Perkins v. HumesSupreme Court of Pennsylvania · 1901
- Brookville Title & Trust Co. v. Beaver Trust Co.Supreme Court of Pennsylvania · 1917
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