Benninghoff v. Stephenson

Citations

• 161 Pa. 440
• 29 A. 87
• 1894 Pa. LEXIS 712

Syllabus

<p>Mortgage — Acknowledgment—Sheriff's deed — Scire facias.</p> <p>After judgment on a scire facias sur mortgage, a sheriff’s sale on a levari facias thereunder, and the acknowledgment and delivery of the deed to the pm’chaser for the mortgaged premises, it, is too late to question the validity of the acknowledgment of the mortgage, or the regularity of the proceedings under the scire facias prior to the acknowledgment and delivery of the sheriff’s deed.</p> <p>In such case an ejectment cannot be maintained for the land on the ground that the wife of the mortgagor did not separately acknowledge the mortgage.</p>