Black v. Bohlen

Citations

• 175 Pa. 491
• 34 A. 804
• 1896 Pa. LEXIS 1277

Syllabus

<p>Equity — Jurisdiction—Scire facias sur mortgage.</p> <p>The defendant in a scire facias sur mortgage has no standing in equity to restrain the plaintiffs from proceeding on the sci. fa., until they shall have accounted to the defendant for payment alleged to have been made on account of the mortgage. The proper mode of seeking discovery in such case is by bill of discovery filed in the action of scire facias, and ancillary to it.</p>