Haffey v. Carey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of McKean county: No. 265, to January Term 1872. This was a scire facias sur mortgage, issued January 18th 1871, by Richard L. Carey and Theodore H. Whittlesey against John K. Haffey and Diantha E. his wife.
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Error to the Court of Common Pleas of McKean county: No. 265, to January Term 1872. This was a scire facias sur mortgage, issued January 18th 1871, by Richard L. Carey and Theodore H. Whittlesey against John K. Haffey and Diantha E. his wife. On the 31st of March 1869, John K. Haffey and Diantha E. his wife, the defendants, executed a mortgage to the plaintiffs on land mentioned in the mortgage in the sum of $1000, conditioned “ that if the parties of the first part shall and will well and truly pay all demands and indebtedness contracted, or that may hereafter be contracted for goods and…
1Opinion of the Court
The opinion of the court was delivered, May 17th 1873, by
Sharswood, J.
It is well settled that a married woman may mortgage her estate for her husband’s benefit, or to secure the payment of his debts: Hoover v. The Samaritan Society, 4 Whart. 445; Black v. Galaway, 12 Harris 19; Miner v. Graham, Id. 491; Lytle’s Appeal, 12 Casey 131. This being so, there is no reason why she may not do so to secure future as well as existing indebtedness : Lyle v. Ducomb, 5 Binn. 585. Indeed, in point of policy, there are considerations in favor of the latter which cannot be *433urged for the former. The wife’s…
2Cases cited2 opinions
- Lyle v. DucombSupreme Court of Pennsylvania · 1813
- Hoover v. Samaritan SocietySupreme Court of Pennsylvania · 1839
3Cited by5 opinions
- Kuhn v. OgilvieSupreme Court of Pennsylvania · 1896
- Bartholomew v. Allentown National BankSupreme Court of Pennsylvania · 1918
- Alliance Fin. Corp. Plain. v. AbramsSuperior Court of Pennsylvania · 1929
- De Roux v. Girard's Ex'rCourt of Appeals for the Third Circuit · 1901
- Bonner v. Randal, Pennsylvania Court of Common Pleas, Montgomery County1925