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WINDBER TRUST CO. v. EVANS

192 Pa.Super. 417 (1960)

Windber Trust Company, Appellant, v. Evans.

Superior Court of Pennsylvania.

June 15, 1960.

Attorney(s) appearing for the Case

Edward F. Peduzzi and Paul E.C. Fike, with them Myers, Taylor & Peduzzi, and Fike and Cascio, for appellant.

Wallace Louis Coppersmith, with him McWilliams, Margolis & Coppersmith, for appellee.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.

OPINION BY MONTGOMERY, J., June 15, 1960:

This is an appeal from an order opening a judgment entered on a "note and Security Agreement" used to finance an automobile purchased by appellee from Hallman Chevrolet. The instrument provided for the entry of judgment by confession after default, and also contained the following provision:

"Debtor warrants that title and lawful possession of said goods are in debtor, free from all encumbrances except the security...

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