Housing Mortgage Corp. v. Tower Development & Investment Corp.

Opinion by

Mr. Justice Bell,

The question involved is very narrow. Where a judgment is confessed on a note in a large amount which is authorized by the judgment, but includes on its face an item which is wholly unauthorized by the *389warrant of attorney, is the judgment valid as to the amount properly confessed, or is the entire judgment void and should be stricken off?

Defendant petitioned to open and likewise petitioned to strike off a judgment entered by confession in the amount of $232,270.94, by virtue of a warrant of attorney contained in a mortgage note. There was included in the confessed…