Russo v. Roberts

Corson, J.,

On March 7,1933, the plaintiff issued a writ of sci. fa. sur mortgage against the above defendants. The plaintiff filed a statement of claim averring that the action was brought to recover from the defendants the sum of $1,250, with interest from February 1,1904. It further appears from the prjecipe that the mortgage upon which action was brought was dated July 27,1903. Upon the filing of this statement, the defendants filed a petition under the Act of May 8, 1895, P. L. 44, alleging no payment of principal or interest upon such mortgage within 21 years, and seeking to have the…