Franklin Trust Co. v. Franklin Valveless Engine Co.

Per Curiam,

Appellant complains that the court below, in entering-judgment against it for want of a sufficient affidavit of defense on a writ of scire facias sur mortgage, overruled its plea of non est factum by a mere examination of the writ and answer without submitting disputed facts to a jury. Despite appellant’s assertion to the contrary, there can be no doubt but that the mortgage in question was properly before the lower court. This is apparent from the first paragraph of the praecipe for writ of scire facias which fully states the record of the mortgage as required by the rules of…