Benninghoff v. Stephenson
Supreme Court of Pennsylvania
Appeal, No. 273, Jan. T., 1894, by defendants, Mary Stephenson et al., from judgment of C. P. Crawford Co., Feb. T., 1891, No. 126, on verdict for plaintiffs, George Benninghoff et al. Ejectment. Before Henderson, P. J. At the trial, it appeared that, in 1873, Cordelia A. Stephenson, a married woman, was the owner of the land in dispute. On Sept. 17,1873, she joined her husband in executing a mortgage on the land, but her separate acknowledgment was not taken.
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Appeal, No. 273, Jan. T., 1894, by defendants, Mary Stephenson et al., from judgment of C. P. Crawford Co., Feb. T., 1891, No. 126, on verdict for plaintiffs, George Benninghoff et al. Ejectment. Before Henderson, P. J. At the trial, it appeared that, in 1873, Cordelia A. Stephenson, a married woman, was the owner of the land in dispute. On Sept. 17,1873, she joined her husband in executing a mortgage on the land, but her separate acknowledgment was not taken. On March 1, 1876, a sci. fa. (121 April T., 1876) was issued on the mortgage, and both Mrs. Stephenson and her husband were personally…
1Opinion of the Court
Per Curiam,
After judgment on the scire facias sur mortgage, a sheriff’s sale on a levari facias thereunder, and the acknowledgment and delivery of the deed to the purchaser for the mortgaged premises, it was too late to question the validity of the acknowledgment of the mortgage, or the regularity of the proceedings under the scire facias prior to the acknowledgment and delivery of the sheriff’s deed: Michaelis v. Brawley, 109 Pa. 7; Sweeney v. Girolo, 154 Pa. 609; Foster v. Gray, 22 Pa. 15; McFee v. Harris, 25 Pa. 102. In the case first cited it is said : “ The mortgage of a married woman is…
2Cases cited4 opinions
- Foster v. GraySupreme Court of Pennsylvania · 1853
- Sweeney v. GiroloSupreme Court of Pennsylvania · 1893
- Michaelis v. BrawleySupreme Court of Pennsylvania · 1885
- McFee v. HarrisSupreme Court of Pennsylvania · 1855