
    Foster, Appellant, v. Carson and Wife.
    
      Judgment — Opening of — Scire facias sur mortgage.
    
    The Supreme Court will not review an order of the common pleas opening a judgment entered in default of an affidavit of defence, where the defendant avers in her petition that she was prevented by illness from appearing; that she never received notice of the assignment of the mortgage to the plaintiff, that she had paid nearly the whole of the amount of the mortgage to the plaintiff’s assignor, and that only a small balance remained for which she tendered judgment.
    Argued Nov. 10, 1891.
    Appeal, No. 269, Oct. T., 1891, by plaintiff, from order of C. P. No. 1, Allegheny Co., Dec. T., 1890, No. 853, opening a judgment entered in default of an affidavit of defence.
    Before Paxson, C. J., Sterrett, Green, Williams and Mitchell, JJ.
    On December 17, 1890, William Foster entered judgment against Robert J. Carson and Agnes J. Carson, his wife, on a scire facias sur mortgage in default of an affidavit of defence.
    On December 20,1890, Agnes J. Carson presented a petition for a rule to open the judgment averring that she was sixty-three years of age and in poor health, and had deferred filing her affidavit of defence until the weather would permit h'er to go out with safety to her health, and that she was ignorant of the necessity of filing an affidavit of defence at once. In an affidavit of defence filed with the petition and made part of it, the petitioner further averred that the mortgage in suit for $1,500 had been given by her to Mary Speelman, who had assigned it to A. C. Jerrett; that she had paid Jerrett $1,800, leaving a balance due of $200 on account of the principal, that ■she had no notice of the assignment from Jerrett to the plaintiff. The petitioner tendered judgment for the $200 due on account •of the principal and also for the interest due.
    The court granted the rule which it subsequently made absolute. Plaintiff appealed.
    
      Error assigned, was the order of the court making the rule absolute.
    
      W. K. Jennings, with him W. S. Thomas, for appellant.
    
      L. L. Davis, for appellees.
    January 4, 1892.
   Per Curiam,

The order of the court below opening the judgment is affirmed.  