Worthington v. Levis

Citations

• 66 Pa. Super. 145
• 1917 Pa. Super. LEXIS 212

Syllabus

<p>Mortgage — Judgment—Opening judgment — Evidence—Intervening creditor.</p> <p>Where judgment has been entered in foreclosure proceedings in favor of the use-plaintiff, the assignee of the mortgage, for want of an affidavit of defense, and subsequently an owner of a judgment against the mortgagor, junior to the mortgage, presents a petition to open the judgment alleging that the mortgage had been fraudulently made, and the use-plaintiff files an answer averring that he was not conversant with the facts, but not denying them, and at the trial of the issue the defendant merely offers the petition .and the answer to establish the fraud on the ground that the answer did not deny the allegations of fraud in the petition, the trial court commits no error in sustaining an objection to the admission of these papers.</p> <p>In such a case the fact that the record was not amended so as to make the use-plaintiff a parly, until after the judgment was opened, is immaterial.</p>