Stewart v. Linton
Supreme Court of Pennsylvania
Appeal, No. 159, Oct. T., 1902, by defendants, from order of C. P. Armstrong Co., Dec. T., 1898, No. 100, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of John Stewart v. Phoebe Rebecca Elizabeth Elwina Linton and Adolphus Frederick Linton. Scire facias sur mortgage.
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Appeal, No. 159, Oct. T., 1902, by defendants, from order of C. P. Armstrong Co., Dec. T., 1898, No. 100, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of John Stewart v. Phoebe Rebecca Elizabeth Elwina Linton and Adolphus Frederick Linton. Scire facias sur mortgage. The defendant filed an affidavit of defense which was as follows : That at the time of the execution of the mortgage in suit and the power of attorney, upon which the actions of John B. Finlay, were based, she was a mai'ried .woman and was domiciled in the city of London, England, in…
1Opinion of the Court
Per Curiam,
In her affidavit of defense Mrs. Linton does not aver that *211she did not appear before the deputy consul general and separately acknowledge her power of attorney to Finlay, and her evasiveness on this point must be regarded as her admission that she did so appear and make the statutory acknowledgment. She rather relies upon her averment that her acknowledgment before the deputy consul general was invalid, in which she is mistaken, as is clearly shown by the learned judge below in his references to the several acts of assembly upon the subject. In all other respects the affidavit of…
2Cited by3 opinions
- White v. HightSupreme Court of Vermont · 1942
- Linton v. MoorheadSupreme Court of Pennsylvania · 1904
- Appointment of Constable, Pennsylvania Court of Common Pleas, Bucks County1974