Borland v. Meurer

Citations

• 139 Pa. 513
• 27 W.N.C. 411
• 21 A. 86
• 1891 Pa. LEXIS 1020

Syllabus

<p>1. A third person, who, with money raised upon his own note, though with the aid of securities of the mortgagor, pays off an execution from a judgment on a mortgage bond, and has the judgment marked to his use, acquires not only control of the judgment but also the right to an assignment of the mortgage.</p> <p>2. In such case, on failure of terre-tenants to discharge the mortgage subject to which they hold the mortgaged premises, the purchaser of the judgment may proceed by scire facias on the mortgage in the name of the mortgagee, without express authority from the latter.</p> <p>3. Where the court below, without giving specific answers to points presented for chai'ge, declined to affirm them, generally, a specification of error which groups the refusal of all the points into one assignment, is not in compliance with the Rules of the Supreme Court.</p>