¶1This is a scire facias on a purchase money mortgage, given by the defendant to the plaintiff. The affidavit interposed by the mortgagor was adjudged insufficient, and rightly so, as we' think. All that can be profitably said in relation to the proposition for which he contends will be found in the clear and able opinion of the learned judge of the common pleas. On that opinion we affirm the judgment.
160 Pa. 95
Gernert v. Albert
Decided February 26, 1894
Supreme Court of Pennsylvania · decided 1894-02-26
Appeal, No. 179, July T., 1893, by • Abraham Albert, executor and trustee of the estate of Malin'■da Albert, from order of C. P. Lebanon Co., June T., 1893, No. 346, making absolute rule for judgment for want of sufficient ■affidavit of defence, in favor of plaintiff, Mary Gernert. ' Rule for judgment for want of sufficient affidavit of defence on sei. fa. sur mortgage.
Cited by 1 later decisions — most recently December 1906
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1894-02-26
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