Busch v. Groswith

Citations

• 159 Pa. 623
• 28 A. 438
• 1894 Pa. LEXIS 907

Syllabus

<p>Mortgage — Judgment—Bond—Execution—Fieri facias — Agreement.</p> <p>On the day after a default in the payment of interest upon a mortgage, without any prior notice to the mortgagor or the owner, the mortgagee entered up judgment on the bond accompanying the mortgage, and, notwithstanding the protest of the owner, demanded payment of the whole debt. Subsequently the owner paid a small amount on account of oosts, principal and interest. He accepted a receipt therefor in which it was stipulated as follows: “No proceedings to be taken for sixty days on the said mortgage and no proceedings against said real estate to be taken on the judgment entered on the accompanying bond. Proceedings may be had, however, against the personal property of the mortgagor, and, in case the principal, interest and costs are not paid in full, proceedings to be had at the end of sixty days notwithstanding this payment.” The debt not having been paid, a fi. fa. was issued after the expiration of the sixty days. Held, that the issuance of the fi. fa. was proper, and that it was not error to discharge a rule to set it aside.</p>