Filson v. Greenspan

Citations

• 194 Pa. 546
• 45 A. 330
• 1900 Pa. LEXIS 436

Syllabus

<p>Mortgage — Soire facias— Opening judgment.</p> <p>A judgment on a scire facias sur mortgage will be opened at the instance of the terre-tenants, where the testimony tends to show that, after the terre-tenants had been notified to pay the mortgage, their attorney stated to the agent of the mortgagee that he was arranging to raise the money in a couple of weeks from a building association to pay off the mortgage, and was told by the agent that the arrangement would be satisfactory, and at a subsequent interview he told the agent that the loan had been arranged, and that the papers were being prepared, and the agent told him to go ahead, although in the mean time the agent had entered up the judgment on a confession made by the mortgagor. In such a case the denial of the agreement by plaintiff’s agent merely raises an issue to be decided by a jury.</p>