Cain v. Hutson
Opinion of the Court
This is an appeal from a judgment of the District Court dismissing appellant’s suit.
Appellees were mortgagees under a bond and mortgage dated June 23, 1932, in the principal sum of $6,800. The mortgage covered real estate in Pennsylvania, and was executed there by Cecil B. Pascoe. By May 10, 1939, when this complaint was filed, appellees had collected over $12,000. This is a suit for an accounting of the sums collected.
Pascoe, the mortgagor, died a resident of Pennsylvania, where his estate is being administered. His administrator is not a party to this suit.
Affirmed.
His original administrators were named as defendants, but were not served with process and did not appear.
D.C.Code 1940, §§ 20 — 501, 20-505; Kashouty v. Deep, — App.D. C. —, 126 F.2d 233.
Purdon’s Penn.Stat.Ann., Tit. 20, § 772, as amended July 2, 1937, P.L. 2755, § 2; Craig v. Blau, 288 Pa. 547, 136 A. 860.
Reference
- Full Case Name
- CAIN v. HUTSON
- Status
- Published