Klein v. Caldwell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franklin county: Of May Term 1879, No. 217. Scire facias sur mortgage, issued by David Caldwell, trustee of Ellen Barnhart, against Charles G. Klein. John Barnhart, the husband of Ellen Barnhart, the equitable plaintiff in this case, was the owner of a tract of land in Franklin county.
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Error to the Court of Common Pleas of Franklin county: Of May Term 1879, No. 217. Scire facias sur mortgage, issued by David Caldwell, trustee of Ellen Barnhart, against Charles G. Klein. John Barnhart, the husband of Ellen Barnhart, the equitable plaintiff in this case, was the owner of a tract of land in Franklin county. On the 1st of October 1863, Barnhart executed and delivered to David Caldwell, as trustee for his wife, a mortgage upon the property, to secure the sum of $7000. This mortgage was duly recorded, on the 3d of November in the same year. In April 1868, David A. Harris…
1Opinion of the CourtJustice Mercur
The deed, on its face, did not profess to discharge the lien of the mortgage. The fact that Mrs. Barnhart united with her husband in the deed whereby he conveyed his land did not operate as an extinguishment of the mortgage thereon, held in trust for her. Hartz’s Appeal, 4 Wright 209.
The only other contention is whether the evidence was sufficient to constitute an equitable estoppel against a recovery on the mortgage? She was a married woman. The mortgage was on the lands of her husband and held by Caldwell in trust for her use. The trustee did not in any manner, participate in the…
2Cases cited1 opinion
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Crain v. WarnerSuperior Court of Pennsylvania · 1926
- Wasserman v. CarrollSuperior Court of Pennsylvania · 1896