Rhoads v. Reed
This text of 89 Pa. 436 (Rhoads v. Reed) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The judgment of the Supreme Court was entered March 31st 1879,
The praecipe for the scire facias on the mortgage referred to the record which gave the defendant all necessary information, as the Act of the 14th of April 1851, Pamph. L. 625, did not require a copy of the mortgage to be filed. Besides, the scire facias set out the mortgage, reciting a bond conditioned for the payment of $3000, which in law means forthwith, and the scire facias issued ten years from the date of the mortgage. If the mortgage was not due and ripe for a scire facias, it was for the defendant to aver it in an affidavit of defence.
Judgment affirmed
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Cite This Page — Counsel Stack
89 Pa. 436, 1879 Pa. LEXIS 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhoads-v-reed-pa-1879.