Orient B. & L. Ass'n v. Gould

Citations

• 239 Pa. 335
• 86 A. 863
• 1913 Pa. LEXIS 568

Syllabus

<p>Mortgages — Scire facias sur mortgage — Real owners — Defenses —Acts of July 9,1901, P. L. 61k, and April 28, 1908, P. L. 261.</p> <p>1. Under the Acts of Assembly of July 9, 1901, P. L. 614, and April 23, 1903, P. L. 261, the “real owners,” who must be joined in actions of scire facias sur mortgage, are the present owners of the title by and under which the mortgagor claimed the land at the time he executed the mortgages. Persons claiming the land by titles antagonistic to the mortgagor were not meant to be joined as such real owners.</p> <p>2. .Where in an action of scire facias sur mortgage persons claiming title superior to the mortgagor have been joined as real owners, they may object to having the jury sworn as to them or claim a misjoinder or have the proceedings arrested, but they cannot offer evidence to prove that their title is superior to that of the mortgagor. The title to the mortgaged land cannot be tried in an action of scire facias sur mortgage.</p>