Earnest v. Hoskins
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Montgomery county: Of July Term 1881, No. 55. Feigned issue, directed by the court upon the opening of three several confessed judgments, to determine the questions: “1. How much money was usuriously paid on the loans secured by said judgments? “ 2. How much of the said judgments has been paid by actual payments ? “ S. Whether the said judgments are valid or void in law.”
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Error to the Court of Common Pleas of Montgomery county: Of July Term 1881, No. 55. Feigned issue, directed by the court upon the opening of three several confessed judgments, to determine the questions: “1. How much money was usuriously paid on the loans secured by said judgments? “ 2. How much of the said judgments has been paid by actual payments ? “ S. Whether the said judgments are valid or void in law.” The said judgments were as follows: 1. J. M. Albertson, assignee of Lydia McPherson, et al. v. Charles Earnest and Isabella, his wife. Sei. fa. sur mortgage. Judgment confessed in open…
1Opinion of the CourtJustice Trunkey
Charles Earnest and wife executed a mortgage to Lydia McPherson, who assigned it to J. M. Albertson on the ÍOth of September 1875. Albertsqn issued a scire facias thereon and, December 19th 1876, obtained judgment by confession for $4,886.66.
Earnest and wife executed two mortgages to Albertson; one dated June 26th 1872, for $8000; the other, May 9th 1873, for $9,000. Upon each of these he issued scire facias dated November 20th 1875, and in thirty days thereafter discontinued both suits. On January 15th 1878 an agreement was filed in each case, that the discontinuance be struck off, and…
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