Mendenhall v. Jackson

Citations

• 268 Pa. 123
• 110 A. 799
• 1920 Pa. LEXIS 638

Syllabus

<p>Mortgage — Sci. fa. — Service—Terre-tena/nt—Interest—Life tenant owner of mortgage.</p> <p>1. A sci. fa. sur mortgage need be served only upon the mortgagor and the terre-tenant of the property.</p> <p>2. It is the duty of the life tenant of a property to pay the accruing interest on a mortgage thereon, and hence if he also owns the mortgage, interest does not run until the life tenancy is ended.</p> <p>Mortgage — Decree of orphans’ court authorizing mortgage — Conclusiveness of averments of petition as to debts — Collateral attach —Account—Advertisement—Practice, Orphans’ Court.</p> <p>3. A mortgage authorized and approved by the orphans’ court, cannot be attacked in any other court except for fraud.</p> <p>4. A mortgage executed under 'a decree of the orphans’ court conclusively determines that the debts named in the petition are due, and neither the mortgagee, nor purchasers from him, need investigate the matter further.</p> <p>5. The advertisement required by law is effective legal notice of the filing of an account in the orphans’ court and hence its adjudication thereafter is conclusive as to all matters relating to the items thereof.</p> <p>Practice, O. P. — Affidavit of defense — Information and belief— Expectation of ability to prove.</p> <p>6. An affidavit of defense is fatally defective so far as concerns allegations made upon information and belief only, -unless accompanied by an expectation of ability to prove them on the trial of the case.</p>