Oppenheimer v. Wright
Supreme Court of Pennsylvania
Error to the Court of Common .Pleas of Bedford county: Of January Term, 1884, No. 4. Scire facias sur mortgage, by It. H. Oppenheimer, B. Oppenlieimer and S. Oppenheimer against Paul Wright and Laura Wright.
Read the full summary
Error to the Court of Common .Pleas of Bedford county: Of January Term, 1884, No. 4. Scire facias sur mortgage, by It. H. Oppenheimer, B. Oppenlieimer and S. Oppenheimer against Paul Wright and Laura Wright. The mortgage in suit was dated October 11, 1880, given by Paul Wright and Laura Wright, his wife, to the plaintiffs, to secure the payment of the sum of $219.15, in fifteen months after date, with interest; and conveying in mortgage a certain home and lot, being the separate estate of the wife. The debt was contracted by her husband. The mortgage was duly and separately acknowledged by…
1Opinion of the CourtJustice Paxson
We held in Phillips v. Meily, decided at the present term [ante, p. 536], that the uncorroborated oath of the maker of an instrument of writing, contradicted by the oath of the opposite party, was not sufficient to submit to the jury upon the question of the reformation of the instrument. While this record presents a different question, it is not without analogy to Phillips v. Meily.
The case below, was a scire facias upon a mortgage given by Laura Wright to secure a debt of her husband and co-defendant. That a married woman may mortgage her separate estate to secure her husband’s debt has…
2Cited by5 opinions
- Burke v. BurkeSupreme Court of Pennsylvania · 1913
- Lewars v. WeaverSupreme Court of Pennsylvania · 1888
- Hastings Bank of Hastings v. CovitchSupreme Court of Pennsylvania · 1936
- Kaufmann v. RowanSupreme Court of Pennsylvania · 1899
- American Brewing Co. v. ReinsburrowSupreme Court of Pennsylvania · 1900