Pennsylvania Act 1822-106 — PAYMENT OF DEBTS TAKING OF LANDS IN EXECUTION FOR

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.