Mutual Life Insurance ex rel. Scott v. Tenan

Citations

• 188 Pa. 239
• 41 A. 539
• 1898 Pa. LEXIS 600

Syllabus

<p>Practice, 0■ P. — Affidavit of defense — Executors and administrators.</p> <p>An executor or administrator is not required to file an affidavit of defense in a suit on a contract made by a decedent, where the cause of action arose before the decease of the latter; and therefore no valid judgment may be entered in such a case for want of an affidavit of defense. Seymour v. Hubert, 83 Pa. 346.</p> <p>Appeals — Mortgage—Scire facias — Terre-tenant.</p> <p>On a scire facias sur mortgage against an executor where the terretenant is not served, and a levari facias, issued upon a judgment illegally entered against the defendant for want of an affidavit of defense, is levied upon the land of the terre-tenant, he has a right to appeal to protect Ms title.</p>