Evans v. Provident Trust Co.

Opinion by

Mr. Chief Justice Frazer,

The question presented for our determination in this appeal is whether the terms of the Act of January 17, 1934, P. L. 243 (the Deficiency Judgment Act), preclude a mortgagee, upon default, from realizing upon additional collateral pledged for the obligation, before foreclosing on the mortgage and establishing a deficiency judgment. The answer is clearly in the negative.

Plaintiff filed an amended bill in the court below for an injunction restraining the sale of additional collateral pledged with the mortgage, and took the present appeal from a decree…