Campbell v. Foster Home Ass'n
Supreme Court of Pennsylvania
Appeal, No. 168, Jan. T., 1894, by-defendant, from.decree of C. P. No. 4, Phila. Co., June'T., 1892, No. 507, on bill in equity. Bill in equity for cancellation of mortgage. The master, A. J. D. Dixon, Esq., reported as follows: “ The bill and amendments aver: “ That plaintiff is the owner in fee simple of premises No. 1039 Walnut street in the city of Philadelphia.
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Appeal, No. 168, Jan. T., 1894, by-defendant, from.decree of C. P. No. 4, Phila. Co., June'T., 1892, No. 507, on bill in equity. Bill in equity for cancellation of mortgage. The master, A. J. D. Dixon, Esq., reported as follows: “ The bill and amendments aver: “ That plaintiff is the owner in fee simple of premises No. 1039 Walnut street in the city of Philadelphia. “ That on Dec. 26, 1888, plaintiff executed a letter of attorney to one William B. Robins of said city, as follows: ‘ Know-all men by these presents, That I, Mary W. Campbell, of the city of Philadelphia, widow, do make,…
1Opinion of the Court
Opinion by
Mb.. Justice Gbeen,
After a laborious study of this case, and a most serious con.sideration of the elaborate and exhaustive arguments of the learned counsel on both .sides, we are constrained to say that we think the case was correctly decided in the court below. On the question whether the letter of attorney from the plaintiff to her attorney in fact, Robins, dated Dec. 26, 1888, is to be construed as conferring a power to mortgage the premises in question, we are quite clear as to the correctness of the decision made both by the master and the court below. It is true *631the precise…
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