Montgomery Building & Loan Ass'n v. Coscia

Knight, P. J.,

— This is an action of sci. fa. sur mortgage given by John M. Yerger and John F. Burke to plaintiff for $1,200 dated May 21, 1924, and secured upon premises designated as 809 Arch Street, Norristown, Pa.

To the statement of claim the defendants, real owners (the original mortgagors having been released), filed an affidavit of defense averring that the said mortgage had been discharged as a lien on said premises by virtue of a private sale “free and clear of encumbrances” to a predecessor in title by the trustee in bankruptcy of John M. Yerger, the then owner.

By stipulation duly…