Link v. McKee

Citations

• 233 Pa. 461
• 82 A. 682
• 1912 Pa. LEXIS 852

Syllabus

<p>Mortgage — Affidavit of defense — Sufficiency—Equities.</p> <p>An affidavit of defense filed by a terre-tenant in an action on a scire facias sur mortgage is insufficient where it is not alleged that the balance due on the mortgage had been paid, the only averment of payment being that the affiant and another paid “a considerable portion” of advanced purchase money, and the matter set out by way of defense relates to equities alleged to exist among the defendants, without making clear the basis upon which they rest.</p>