Freemansburg Building & Loan Ass'n v. Billig

Citations

• 30 Pa. Super. 101
• 1906 Pa. Super. LEXIS 26

Syllabus

<p>Mortgage — Scire facias — Death of mortgagor — Judgment—Opening judgment — Laches.</p> <p>Two returns of nihil are equivalent to a return of scire feci, and the legal validity of a judgment entered thereon for want of an appearance cannot be impeached by evidence that the mortgagor was dead. This well-established rule does not prevent the exercise by the court of its equitable powers to open the judgment, where justice requires it, and prompt application is made. If tender is alleged as a ground for opening the judgment, the evidence to establish it must be clear and satisfactory, and it must be shown to have been kept good. If there is a delay of two years from the time of the alleged tender and the entry of the judgment, and a further delay thereafter of several months, the judgment will not be opened.</p>