Kennedy v. Baker

Citations

• 159 Pa. 146
• 28 A. 252
• 1893 Pa. LEXIS 1489

Syllabus

<p>Judgment — Scire facias sur mortgage — Service of process — Infant—Attacking record, — Act of June 13, 1836 •</p> <p>A judgment on a scire facias sur mortgage, where the return of the sheriff shows a regular service of the writ as if against an adult, cannot be subsequently attacked in an action of ejectment by proof dehors the / record that the defendant in the scire facias was an infant at the time of the service of the writ.</p> <p>The act of June 13, 1836, §83, Purdon’s Digest, 71, providing the method of proceedings in actions against minors applies to real actions only, and not to a scire facias sur mortgage, which, for the purpose of service, is a personal action, and is so stamped by § 36 of the same act.</p> <p>Infant — Writ—Purchase money mortgage — Disaffirmance of deed.</p> <p>Where an infant executes a purchase money mortgage to secure the purchase money for land conveyed to him by deed, he cannot after he comes of age affirm the deed, and at the same time disaffirm the mortgage.</p>