Somers v. Hildenbrand

Lewis, J.,

This action was brought by the ancillary executrix of the deceased mortgagee, a New Jersey resident, on the bond accompanying a mortgage upon real estate situated in New Jersey. Defendant is a resident of Pennsylvania. The statement of claim avers the execution of the bond and mortgage, a default, proceedings by bill in equity to foreclose the mortgage, a decree by a New Jersey chancellor directing sale and fixing damages, sale of the property, which failed to produce enough money to satisfy the obligation, and demand for the balance and failure to pay.

The affidavit of defense…