Gustine v. Westenberger
Supreme Court of Pennsylvania
Appeal, No. 131, Jan. T., 1908, by plaintiff, from judgment of C. P. Delaware Co., June T., 1905, No. 342, on verdict for defendant in case of Eva I. Gustine v. John A. M. Westenberger. Scire facias sur mortgage.
Read the full summary
Appeal, No. 131, Jan. T., 1908, by plaintiff, from judgment of C. P. Delaware Co., June T., 1905, No. 342, on verdict for defendant in case of Eva I. Gustine v. John A. M. Westenberger. Scire facias sur mortgage. Before Broomall, J. At the trial when the defendant was on the stand he was asked this question in relation to a prior mortgage on the property: “Q. Was not that mortgage held by the Home Building & Loan Association paid off out of the proceeds of this very mortgage in suit? ” Objected to. The Court: The objection to that question is sustained with leave to the plaintiff to make the…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The defense in 'this case was that the mortgage was a forgery, and, under evidence that could not fairly have led to any other conclusion, the jury so found. On this appeal the chief complaint of the appellant is that the judge failed in his charge to give due weight to the notary’s certificate of acknowledgment. The mortgage was offered in evidence with no other proof of its execution than this certificate. It was admitted by the court as the duly executed act and deed of the appellee, and, but for the defense that followed, judgment would have been directed for…
2Cases cited1 opinion
- Michener v. CavenderSupreme Court of Pennsylvania · 1861
3Cited by10 opinions
- Crouse v. LubinSupreme Court of Pennsylvania · 1918
- Curtis v. AshworthSupreme Court of Georgia · 1928
- Wolf v. KeagySuperior Court of Delaware · 1927
- Community Federal Savings & Loan Ass'n v. LuckenbachSupreme Court of Pennsylvania · 1970
- Smith v. MachesneySupreme Court of Pennsylvania · 1913
5 more not listed; retrieve them via the Exa API.