Faucett v. Harris

Citations

• 185 Pa. 164
• 39 A. 842
• 1898 Pa. LEXIS 685

Syllabus

<p>Mortgage — Scire facias — Affidavit of defense.</p> <p>An affidavit of defense to a scire facias sur mortgage filed by the terretenants of the mortgaged premises is insufficient to prevent judgment where the only matter of defense averred is that the mortgagor did not have title to more than one seventh of the land described in the mortgage. Such interest as he had though none acquired by the terre-tenants elsewhere, will pass by the sheriff's sale.</p>