Brooke v. Kemmerer

Citations

• 125 Pa. 283
• 17 A. 420
• 1889 Pa. LEXIS 714

Syllabus

<p>(«) The petition of the defendants to open a judgment entered by confession, and for an issue, averred that as appeared upon the face of the bond one of the petitioners was but a surety for the debt secured, and that a mortgage upon the debtor’s land as well as upon that of the surety had been executed as a further security for the payment of the bond;</p> <p>(6) That after said mortgage was executed, the defendants had convoyed their lands to a trustee, to sell and “ pay the liens in the order of their priority; ” that the trustee had sold lands of the principal and the judgment plaintiff had released the lien of Ms mortgage therefrom and suffered the purchase money to be applied to a subsequent lien.</p> <p>1. The averments of the petition being supported by the records and the testimony taken, a prima facie case was presented which entitled the petitioners to have execution upon the judgment stayed, the judgment opened and an issue awarded to determine how much, if anything, was due upon the judgment.</p>