Bair's Assigned Estate
Superior Court of Pennsylvania
Bair's Assigned Estate, 20 Pa. Super. 85 (1902)
1902 Pa. Super. LEXIS 187
Beaver, Cueiam, Orlady, Porter, Rice
Bair's Assigned Estate
Opinion of the Court
Upon the facts found by the auditor whose report was confirmed by the court below, the refusal to allow the claim of the appellant was right. This is clearly shown in the auditor’s report and the opinion of the court. Where one of two persons must suffer loss by reason of the fraud or deceit of another, the loss should fall on him by whose act or omission the wrongdoer has been enabled to commit the fraud: Vanderslice v. Royal
The decree is affirmed and the appeal dismissed at the costs of the appellant.
Reference
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Fraud — Two innocent persons — Release. Where one of two innocent persons must suffer loss by reason of fraud or deceit of another, the loss should fall on him by whose act or omission the wrongdoer lias been enabled to commit the fraud. Where a daughter executes and acknowledges a release of interest in real estate, and gives the release to her mother for the purpose of enabling the latter to convey a clear title to a contemplated purchaser, and the sale falls through, and three years thereafter the mother records the release, and borrows money by mortgage on the title thus cleared, the daughter has no claim in the land as against the mortgagee.