Faucett v. Harris
Faucett v. Harris
Opinion of the Court
The court below was so clearly right in entering the judgment from which this appeal was taken that it is unnecessary to consume time in considering the questions intended to be raised by the specifications of error. There is nothing in either of them that requires discussion.
It is conceded in the first affidavit that the defendant, J. K.
Judgment affirmed.
Reference
- Full Case Name
- Nathan Y. Faucett v. John K. Harris, and William S. Harris and Maggie S. Harris, terre-tenants
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Mortgage — Scire facias — Affidavit of defense. An affidavit of defense to a scire facias sur mortgage filed by the terretenants of the mortgaged premises is insufficient to prevent judgment where the only matter of defense averred is that the mortgagor did not have title to more than one seventh of the land described in the mortgage. Such interest as he had though none acquired by the terre-tenants elsewhere, will pass by the sheriff's sale.