Youngwood Building & Loan Ass'n v. Henry

Opinion by

Rhodes, J.,

This is an appeal from a judgment n. o. y. in favor of plaintiff on a scire facias sur mortgage. On September 21, 1928, Cora A. McGinnis and Johnston S. McGinnis, her husband, gave a mortgage to plaintiff appellee, Youngwood Building and Loan Association. Subsequently both Mr. and Mrs. McGinnis died. On March 14, 1935, appellee issued a scire facias on the mortgage because it was in default. Appellants are the heirs of Mrs. McGinnis, and the administratrices of her estate. Appellants plead “non-assumpsit,” “non-debit,” and that no money was due and owing by them to…