Moyer v. Diehl

Opinion by

Parker, J.,

This is a proceeding under the Act of April 20, 1905, P. L. 239 (12 PS 2571) by the purchasers of real estate at a sheriff’s sale to obtain possession of the premises. The original action was one to foreclose a mortgage given by Emory Diehl and Calvin Diehl, and the procedure was by scire facias sur mortgage and a writ of levari facias. One of the original mortgagors, Calvin Diehl, had died intestate before these proceedings were instituted, leaving to survive him a widow and five sons. Emory Diehl and the widow and her five sons were made defendants in the scire facias…