Booth v. Wolff Process Leather Co.

Citations

• 224 Pa. 583
• 73 A. 959
• 1909 Pa. LEXIS 844

Syllabus

<p>Mortgage — Nonpayment of taxes — Principal becoming due — Assignment.</p> <p>1. A provision in a mortgage that a failure to pay taxes on mortgaged premises shall make the whole of the principal debt due, is a proper provision and will be enforced.</p> <p>2. On a scire facias sur mortgage, the fact of the existence of an unrecorded assignment is no defense where it appears that the assignment had been executed in order to facilitate the carrying out of an agreement which had been in contemplation but had been abandoned and never went into effect, and that the assignment had not been delivered, that it transferred nó right, and that it was in the absolute possession and control of the plaintiff by whom it was produced.</p> <p>Practice, C. P. — Rules of court — Construction of rule — Affidavit of defense — Trustee in bankruptcy.</p> <p>3. A rule of the court of common pleas was as follows: “ An affidavit of defense shall be required from executors, administrators, guardians, committees and others sued in a representative capacity. Provided, that an affidavit by the defendant in such cases, stating that he has made diligent inquiry and has not been able to obtain sufficient information to enable him to set forth particularly the nature and character of the defense, but that he believes there is a just and legal defense, shall be deemed a sufficient compliance with the rule.” The court decided that the proviso did not apply to a trustee in bankruptcy. Held, that such a trustee had no standing to dispute the court’s construction of its own rule.</p>