Rees v. Ringler

Citations

• 44 Pa. Super. 372
• 1910 Pa. Super. LEXIS 181

Syllabus

<p>Affidavit of defense — Practice, C. P. — Mortgage—Mines and mining— Release of surface support.</p> <p>1. An affidavit of defense to a scire facias on a purchase money mortgage is insufficient to prevent judgment which avers that there was special reference in the deed from the plaintiff to the defendant to a deed which made the owners of coal beneath the mortgaged land liable for damages to the surface, that representations wore made to defendant at the time she took title, from which she believed that she had a right to surface support, and that she had no knowledge of a release of surface support made by the plaintiff prior to his deed to her.</p> <p>2. In such a case the defendant must go further and show what the special reference was, by whom the representations were made and that she was induced to accept the deed by reason of such representations; and she must also show specifically the nature and the amount of the damage which she seeks to set off against the mortgage.</p>