Righter v. Livingston
Supreme Court of Pennsylvania
Appeal No. 194, Jan. T., 1905, by defendant, from judgment of C. P. No. 5, Philadelphia Co., June T., 1908, No. 1509, on verdict for plaintiff in case of Jennie E. M. Righter, Administratrix of Washington Righter, deceased, v. John H. Livingston and Pauline Livingston. Scire facias sur mortgage. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $1,890. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Per Curiam,
On the face of the mortgage it was for the payment of money. There was no sufficient evidence of fraud in its procurement to require the submission of that point to the jury.
On the main contention that this mortgage was a mere security for the husband’s debt or undertaking the law is conclusively settled against the appellant. A wife under the law of this state had the power to mortgage her separate estate to secure her husband’s debt, and the act of 1893 has not taken it away: Kuhn v. Ogilvie, 178 Pa. 303; Herr v. Reinoehl, 209 Pa. 483.
Judgment affirmed.
2Cases cited2 opinions
- Herr v. ReinoehlSupreme Court of Pennsylvania · 1904
- Kuhn v. OgilvieSupreme Court of Pennsylvania · 1896
3Cited by2 opinions
- Alliance Fin. Corp. Plain. v. AbramsSuperior Court of Pennsylvania · 1929
- First National Bank v. HershbergerSupreme Court of Pennsylvania · 1942