Brumbach v. Pearson

Schaeffer, P. J.,

— To the scire facias upon a mortgage caused to be issued by the plaintiff, the New Home Savings and Loan Association has filed an affidavit of defense, claiming to be the present owner of the property described in the mortgage, and contending that plaintiff’s mort*763gage has been discharged by the sheriff’s sale at which the New Home Savings and Loan Association was the purchaser.

The facts are as follows:

1. April, 1927. Written agreement, never recorded, between Herman Stroheeker and Maggie M. and Edwin A. Pearson, husband and wife, for sale of land. Immediately thereafter the…