Baker v. Tustin

Citations

• 245 Pa. 499
• 91 A. 891
• 1914 Pa. LEXIS 904

Syllabus

<p>Mortgages — Scire facias sur mortgage — Affidavit of defense— Set-off — Insufficient averments.</p> <p>1. An affidavit of defense is to be taken most strongly against the defendant, for it is to be presumed that he has made it as favorable to himself as his conscience will allow.</p> <p>2. Averments of set-off in ¡an affidavit of defense must be as specific as those used in a statement of claim.</p> <p>3. In an action of scire facias sur mortgage, an affidavit of defense which set up that the plaintiff had unlawfully entered judgment against the defendant on the bond accompanying the mortgage, whereby the defendant had been damaged in the sum of $10,000, but which did not allege that defendant had asked to have such judgment opened or stricken off, or aver the facts showing damage with reasonable precision, was insufficient and the court made no error in entering judgment for plaintiff for want of a sufficient affidavit of defense.</p>