Appeal, No. 175, March T., 1962, from order of Court of Common Pleas of Allegheny County, July T., 1959, No. D.S.B. 3263, in case of First Federal Savings and Loan Association of Greene County v. Amos Porter. Order refusing to open judgment affirmed; order refusing to set aside sheriff's sale reversed; reargument refused July 27, 1962.
Allen N. Brunwasser, for appellant.
James L. Poth and James A. Danahey, for appellee.
Herman L. Foreman, with him Emil W. Herman, and Rothman, Gordon and Foreman, for appellees-intervenors.
Before Bell, C.j., Musmanno, Jones, Cohen and Eagen, JJ.
OPINION BY MR. JUSTICE EAGEN
This is an appeal, from an order in the court below, refusing to open a judgment and set aside a sheriff's sale of real estate on a writ of execution issued on the judgment.
The factual history is long and involved. The more salient facts in chronological order are as follows:
(1) On February 7, 1950, Sydney Klein and others conveyed a fee simple title in the real estate involved to Amos Porter and Essleen Porter, who were described in the deed as man and wife.
(2) On February 7, 1950, Amos Porter and Essleen Porter, the grantees in the deed, again describing themselves as man and wife, executed and delivered to Sydney Klein, a purchase money mortgage on the real estate, which was duly recorded. At the same time, they executed and delivered a bond and warrant to confess judgment in double the amount of the principal sum due under the mortgage.
(3) Sydney Klein subsequently assigned his complete interest in the bond and mortgage to the Mortgage Service Corporation of Pittsburgh, which later reassigned the bond and mortgage to the First Federal Savings and Loan Association of Greene County.
(4) Subsequently Essleen Davenport instituted an action in equity against Amos Porter. Judgment pro
confesso was entered therein on November 27, 1951, in favor of the plaintiff. The court decreed that Essleen Davenport was not the wife of Amos Porter and that title to the mortgaged property was held as tenants in common.
(5) Later, on December 14, 1951, Amos Porter and Essleen Porter by deed conveyed their interest in the property to Essleen Davenport. This deed was ...