Stewart v. Linton

Supreme Court of Pennsylvania November 10, 1902

Stewart v. Linton, 204 Pa. 207 (Pa. 1902)

53 A. 744; 1902 Pa. LEXIS 631

Brown, Dean, Fell, McCollum, Mestrezat, Mitchell, Potter

Opinion of the Court

Per Curiam,

In her affidavit of defense Mrs. Linton does not aver that *211she did not appear before the deputy consul general and separately acknowledge her power of attorney to Finlay, and her evasiveness on this point must be regarded as her admission that she did so appear and make the statutory acknowledgment. She rather relies upon her averment that her acknowledgment before the deputy consul general was invalid, in which she is mistaken, as is clearly shown by the learned judge below in his references to the several acts of assembly upon the subject. In all other respects the affidavit of defense is insufficient, and the judgment for want,of its sufficiency is affirmed.

Reference

Cited By: 3 cases
Status: Published
Syllabus: Mortgage — Acknowledgment—Married women—Deputy consul general —Affidavit of defense. An affidavit of defense to a scire facias sur mortgage against a married woman is insufficient, which avers that the mortgage was executed under what purported to be a power of attorney; that deponent and her husband attempted to execute a power of attorney before a deputy consul general and signed such power of attorney ; that they were informed at the time that the deputy consul general had no power to take an acknowledgment; that it was arranged that they should return the next day to appear before the consul general; that they changed their minds and never returned, and never in fact did execute the power of attorney. A deputy consul general has power to take an acknowledgment of a deed and mortgage.