Oviatt v. Brownell

Citations

• 221 Pa. 452
• 70 A. 785
• 1908 Pa. LEXIS 512

Syllabus

<p>■ Res adjudicatei — Scire facias sur mortgage — Judgment—Equity—Defenses not presented.</p> <p>On a bill in equity to restrain the issuing of an execution on a judgment obtained on a scire facias sur mortgage, the judgment on the scire facias is conclusive on the plaintiff, not only as to matters directly litigated and decided in the foreclosure proceedings, but also as to any grounds of recovery and defense that might have been presented and decided.</p>