Nevil v. Heinke

Citations

• 22 Pa. Super. 614
• 1903 Pa. Super. LEXIS 277

Syllabus

<p>Justice of the peace—Summary proceedings to recover possession—Mortgage—Act of June 16,1836. sea. 105—Jurisdiction.</p> <p>A petition in summary proceedings before a justice of the peace under the Act of June 16, 1836, sec. 105, to recover possession of premises sold under foreclosure proceedings of a mortgage is fatally defective, if it fails to aver that the person in possession at the time of the application is the defendant, as whose property such real estate was sold, or that he came in possession thereof under him. Such a petition confers no jurisdiction upon the justice of the peace, and the jurisdictional defect is not, and cannot, be waived by the defendant in appearing before the justice, and making defense.</p> <p>Mortgage—Foreclosure—Scire facias—Parlies—Act of July 9, 1901, sec. 10, P. L. 614—Posting copy of sci. fa.</p> <p>A person in possession of mortgaged premises who is not summoned or made party to a scire facias upon the mortgage as provided by section 10 of the Act of July 9, 1901, P. L. 614, is not bound by the judgment in the scire facias. The mere posting of a copy of the scire facias upon the premises does not make the party in possession a party to the suit.</p>