Home B. & L. Ass'n v. Kilpatrick
Supreme Court of Pennsylvania
APPEAL EX PLAINTIFF FROM THE COURT OF COMMON PLEAS OF DELAWARE COUNTY. No. 256 January Term 1891, Sup. Ct.; court below, No. 10 March Term 1887, C. P. On December 10,1886, the Home Building & Loan Association sued out a writ of scire facias sur mortgage against Oliver Troth, mortgagor, and Robert Kilpatrick, terre-tenant. Service of the writ having been made, Kilpatrick appeared and filed an affidavit of defence.
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APPEAL EX PLAINTIFF FROM THE COURT OF COMMON PLEAS OF DELAWARE COUNTY. No. 256 January Term 1891, Sup. Ct.; court below, No. 10 March Term 1887, C. P. On December 10,1886, the Home Building & Loan Association sued out a writ of scire facias sur mortgage against Oliver Troth, mortgagor, and Robert Kilpatrick, terre-tenant. Service of the writ having been made, Kilpatrick appeared and filed an affidavit of defence. A rule for judgment for want of a sufficient affidavit of defence having been made absolute, judgment was entered in favor of tbe plaintiif for $1,943.55. Upon writ of error, tbe…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
When this case was here on writ of error to the judgment against defendants for want of a sufficient affidavit of defence, we held that the averments contained in the affidavit were sufficient to carry the case to a jury, and, if defendants succeeded in passing them, they would be entitled to a verdict: Kilpatrick v. B. & L. Ass’n, 119 Pa. 30. Without referring specially to the evidence introduced by the defendants on the trial, it is sufficient to say that it tended to prove every material allegation of fact contained in the affidavit referred to, and, having…
2Cases cited1 opinion
- Kilpatrick v. Home B. & L. Ass'nSupreme Court of Pennsylvania · 1888
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