BIDDLE ET AL. v. CONWAY ET UX.


80 Pa. D. & C. 353 (1950)

Biddle et al. v. Conway et ux.

Common Pleas Court of Montgomery County, Pennsylvania.

December 29, 1950.


Attorney(s) appearing for the Case

Alfred L. Taxis, Jr., for plaintiffs.

Elmer L. Menges, for defendants.


FORREST, J., December 29, 1950.

In this petition to open a judgment entered on the bond and warrant accompanying a mortgage, it is alleged that although payments were in arrears there was no default because the mortgagee had waived strict compliance with the mortgage terms by accepting other payments when past due and by paying itself the arrearages.

No depositions having been taken, the following relevant facts...

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