Fitzgibbon v. Midland Mortgage Co.

The plaintiff, the appellee, commenced this action in equity, to quiet her title to certain land and to cancel a contract appearing of record and alleged to be a cloud on her *1380.title. The defendant and appellant in answer admitted ap-pellee’s ownership of the land, and alleged that Maurice Fitz-gibbon, appellee’s husband, acting for and on behalf of appellee, executed a written application for a loan of $10,000 from appellant, to be secured by a mortgage on the land, and containing an agreement that, if the application should be accepted by the appellant and the loan not be closed through the…