Legal Opinion

Kaufmann v. Rowan

Supreme Court of Pennsylvania

Decided January 2, 1899No. Appeal, No. 15PublishedCited by 2 opinions

Appeal, No. 15, Oct. T., 1898, by Leontien Rowan, one of the defendants, from judgment of O. P. No. 1, Allegheny Co., Dec. T., 1895, No. 189, on verdict for plaintiffs. Scire facias sur mortgage.

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Appeal, No. 15, Oct. T., 1898, by Leontien Rowan, one of the defendants, from judgment of O. P. No. 1, Allegheny Co., Dec. T., 1895, No. 189, on verdict for plaintiffs. Scire facias sur mortgage. Before Stowe, P. J. At tbe trial it appeared that the main defense of Leontien Rowan was coercion by her husband in executing the mortgage When Mrs. Rowan was on the stand, in her own behalf, she was asked this question by her counsel: “ Q. What did your husband say to you the evening before and the morning just immediately before you went to Mr. Kaufmann’s office and signed this mortgage ? ”…

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

On the trial of the scire facias on the mortgage Mrs. Rowan, the appellant, was called and asked what her husband had said to her the evening and again the morning before she went to the office where she signed the mortgage. The court sustained an objection that it was irrelevant without evidence of notice to the mortgagee before he took the mortgage, and as there was *124no such evidence, nor offer to produce it, the ruling was clearly right.

On the main ground of defense, coercion, the evidence wholly failed. The property of Mrs. Rowan was bound by a mortgage to…

2Cases cited2 opinions

  1. Lewars v. WeaverSupreme Court of Pennsylvania · 1888
  2. Oppenheimer v. WrightSupreme Court of Pennsylvania · 1884

3Cited by2 opinions

  1. Moyer v. DodsonSupreme Court of Pennsylvania · 1905
  2. Deroy's EstateSupreme Court of Pennsylvania · 1931

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