Reference

Full Case Name

The Pennsylvania Trust Company, a Corporation under and by virtue of the Laws of the State of Pennsylvania, now for use of M. L. G. Beall and Henrietta C. Adams, Mortgagees v. Martha J. Kline, and John G. Kline, her husband, Mortgagors

Cited By

2 cases

Status

Published

Syllabus

Mortgage by married woman for debt of husband—Husband and wife. A mortgage given by a wife for advances to her husband or for his debts is valid and binding upon her. separate estate. Mortgage—Married woman—Fraud—Certificate of acknowledgment. When a married woman joins her husband in a deed or mortgage to convey or incumber her separate estate as to bona fide vendees or mortgagees, for value, without notice of fraud or imposition in the procurement of the execution of such instrument, the certificate of the magistrate who takes the acknowledgment is conclusive of every material fact expressed therein. This certificate is a judicial act and cannot be impeached for fraud. Practice, C. P.—Affidavit of defense—Mortgage. In a suit on a mortgage executed by husband and wife, an affidavit of defense by the wife is insufficient and evasive which avers that the mortgage was not executed for any money loaned to or received by the affiant, nor for any debt due by her, and that it was executed under duress. An averment in an affidavit of defense to a scire facias sur mortgage that it was not executed to secure payment of any debt lawfully contracted by the mortgagor is not one of fact but a legal conclusion, and, as such, is faulty.