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CORN v. WILSON et al.

365 Pa. 355 (1950)

Corn, Appellant, v. Wilson et al., Trustees et al.

Supreme Court of Pennsylvania.

September 25, 1950.

Attorney(s) appearing for the Case

Archibald M. Matthews, with him A.H. Kaufman and Joseph N. Cascio, for appellant.

Frank R. Coder, with him Frank Coder, Jr., for appellees.

Before DREW, C.J., STERN, STEARNE, JONES and BELL, JJ.

OPINION BY MR. JUSTICE BELL, September 25, 1950:

A.E. Corn, who became the owner of a mortgage on certain coal land by Assignment dated September 25, 1947, brought an action of scire facias sur mortgage on June 4, 1948. The mortgage was dated October 1, 1920. The defense was payment, which in turn was based upon a presumption of payment arising after the lapse of more than 20 years. The court entered a nonsuit and Corn appealed from the court's order discharging a...

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