Wolbach v. Lehigh Building Ass'n
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: Of January Term 1877, No. 161. This was a scire facias sur mortgage issued by the Lehigh Building Association against Peter Wolbach and Catharine his wife. The building association was incorporated under the Act of April 12th 1859, Purd. Dig. 188. Catharine Wolbach owned a lot near Easton, Pennsylvania.
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Error to the Court of Common Pleas of Northampton county: Of January Term 1877, No. 161. This was a scire facias sur mortgage issued by the Lehigh Building Association against Peter Wolbach and Catharine his wife. The building association was incorporated under the Act of April 12th 1859, Purd. Dig. 188. Catharine Wolbach owned a lot near Easton, Pennsylvania. She borrowed $1300 from the building association, and on the 29th of October 1874 executed jointly with her husband a bond and a mortgage upon this lot to secure the payment, as conditioned in the mortgage, of $1800, with legal interest…
1Opinion of the CourtJustice Sterrett
The mortgage in this case having been executed by the plaintiffs in error and duly acknowledged in the form prescribed by the Act of Assembly, it cannot be questioned that it is, in form, a valid pledge of the separate property of the wife; but it is contended that under the admitted facts the mortgagee is not entitled to recover the full amount of the mortgage debt. The question then is, whether the defendant in error is entitled to recover the whole or only a portion of the debt.
The supplemental affidavit of claim and recitals in the mortgage show that it was not intended as security for…
2Cited by2 opinions
- Dreisbach v. Price, Pennsylvania Court of Common Pleas, Carbon County1890
- Land Title & Trust Co. v. FulmerSuperior Court of Pennsylvania · 1904