Grimes v. Breeden

Citations

• 243 Pa. 304
• 90 A. 78
• 1914 Pa. LEXIS 618

Syllabus

<p>Mortgages — Scire facias sur mortgage — Affidavits of defense — . Sufficient averments.</p> <p>In an action of scire facias to recover the principal of a mortgage for default in the payment of interest, where the affidavit and supplemental affidavit of defense set up the failure of consideration and the violation of a contemporaneous parol agreement which had induced the execution of the mortgage, alleging that it was made for the accommodation of the mortgagee at a time when there were unsettled accounts between the parties, the adjustment of which was necessary to determine what, if any, indebtedness existed, but that no adjustment had been made, and that when made, it would be found that the mortgagee was indebted to the mortgagor in a large amount the items of which were fully stated, and that interest was not to be paid on the mortgage, the court was not in error in discharging a rule for judgment for want of a sufficient affidavit of defense.</p>