act-1822-0-106•Pennsylvania Act 1822-106 — PAYMENT OF DEBTS TAKING OF LANDS IN EXECUTION FOR
Pennsylvania Act 1822-106 — PAYMENT OF DEBTS TAKING OF LANDS IN EXECUTION FOR
act-1822-0-1061822 Pa. Act 106Law
Act text
PAYMENT OF DEBTS TAKING OF LANDS IN EXECUTION FOR
Act of Apr. 2, 1822, P.L. 134, No. 106 Cl. 68
A SUPPLEMENT
To the act, entitled "Act act for taking land in execution for
the payment of debts."
Section 1. Mortgagee may release part of mortgaged premises
and proceed against remainder
In every case where a mortgage has been, or shall hereafter
be executed, it shall be lawful for the mortgagee or mortgagees,
his, her or their respective heirs, executors, administrators or
assigns, to release any part or parts of the mortgaged premises
to the mortgagor or mortgagors, his, her or their respective
heirs, executors, administrators or assigns, or to any person or
persons claiming the same, by, from or under him, her or them,
or any of them, and thereafter to sue forth a writ or writs of
scire facias to recover the debt or demand mentioned in such
mortgage, or so much thereof as shall remain or become due, out
of the remaining part or parts of such mortgaged premises, and
not released as aforesaid, and the remaining part or parts only
of such mortgaged premises shall be taken in execution, and the
same proceeding shall be had thereon, as are provided by the act
to which this is a supplement; (act 1705, 1 sm.l. 57.) and the
defendant or defendants in such scire facias, in addition to the
pleas mentioned in the act to which this is a supplement, (act
1705 1 sm.l. 57.) may plead that the balance claimed is greater
than in a just proportion ought to be levied on the premises
described in such writ, and if he, she or they shall thereupon
confess judgment for so much as he, she or they shall believe to
be the just proportion chargeable upon the premises described in
the writ; and if the plaintiff shall proceed for the residue of
his claim, but shall not recover any sum beyond the amount of
the said judgment, together with the interest thereon accruing,
in such case the plaintiff shall pay all the costs of such
further proceedings to final judgment; in any other event the
defendant or defendants shall pay the same. 1822, April 2, P.L.
134, 7 sm.l. 551, Sec. 1.
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