Riddle v. Hall
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1, of Allegheny co'unty: Of October and November Term 1881, No. 274. Scire facias sur mortgage, by James W. Hall, for use of D. MacFerron, trustee of the Franklin Savings Bank, an unincorporated partnership association, against George B. Biddle and Mary A. Biddle, his wife. The mortgage in suit was given by the said defendants on real estate of the wife, to secure the husband’s bond. Plea, payment with leave, etc.
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Error to the Court of Common Pleas No. 1, of Allegheny co'unty: Of October and November Term 1881, No. 274. Scire facias sur mortgage, by James W. Hall, for use of D. MacFerron, trustee of the Franklin Savings Bank, an unincorporated partnership association, against George B. Biddle and Mary A. Biddle, his wife. The mortgage in suit was given by the said defendants on real estate of the wife, to secure the husband’s bond. Plea, payment with leave, etc. On the trial, before Bailey, J., the defendant, Mary A. Biddle, alleged that the mortgage was procured from her by undue influence and duress…
1Opinion of the CourtJustice Meecue
Ex turpi contraetu non oritmr actio, is a well-recognized maxim of common law. In this case the claim is to enforce a mortgage executed by husband and wife, against the real estate of the wife. It is undoubted law that a married woman may by joining with her husband make a valid mortgage of her separate estate to secure his debt or that of a third person. Conceding the general power, the defence alleges the turpitude of the consideration, and the undue influence exercised on the wife in procuring the execution of the mortgage. The court, being of the opinion that the evidence was insufficient…
2Cases cited1 opinion
- Frevall v. FitchSupreme Court of Pennsylvania · 1840
3Cited by5 opinions
- Nester v. Continental Brewing Co.Supreme Court of Pennsylvania · 1894
- Portner v. KirschnerSupreme Court of Pennsylvania · 1895
- Whitaker v. RichmonSuperior Court of Pennsylvania · 1919
- Becker v. Lipsky, Pennsylvania Court of Common Pleas, Northampton County1934
- Massey v. Bohn, Pennsylvania Court of Common Pleas, Berks County1923