Hays v. Anderson

Citations

• 248 Pa. 1
• 93 A. 769
• 1915 Pa. LEXIS 502

Syllabus

<p>Mortgages — Scire facias sur mortgage — Terre tenants — Defenses — Practice, O. P. — Affidavits of defense — Judgment.</p> <p>1. In an action of scire facias snr mortgage an affidavit of defense by the terre tenant alleging that part of the amount of the mortgage had not been loaned to the mortgagor until after the terre tenant acquired title to the property is sufficient to prevent judgment for the entire sum claimed.</p> <p>2. Where an affidavit of defense does not deny that a part of the claim is due and a rule is taken for judgment for the entire claim it is not error to discharge the rule and to refuse to enter judgment for the amount admitted to be due.</p>