Beck v. Schekter

Citations

• 235 Pa. 253
• 83 A. 829
• 1912 Pa. LEXIS 535

Syllabus

<p>Affidavit of defense — Rule for judgment — Appeals—Act of April 18,187b, P. L. 6b.</p> <p>1. The Act of April 18, 1874, P. L. 64, allowing an appeal from an order discharging a rule for judgment for want of a sufficient affidavit of defense, was intended to reach only clear cases of error in law, and thus prevent the delay of a trial.</p> <p>2. In a suit brought against the owners of certain land to recover the principal of a dower fund alleged to have been charged on it by a deed executed subsequently to partition proceedings, where the intention of the parties to such deed is left in doubt by misrecitals and unskillful conveyancing in the deed itself and in subsequent conveyances, and such uncertainty may be cleared up by parol evidence a rule for judgment for want of a sufficient affidavit of defense is properly dismissed.</p>