Moyer v. Dodson
Supreme Court of Pennsylvania
Appeal, No. 18, Jan. T., 1905, by defendant, from judgment of C. P. Del. Co., June T., 1903, No. 155, on verdict for plaintiff in case of Jacob S. Moyer v. Lillian R. Dodson. Scire facias sur mortgage. Before Johnson, P. J. .- At the triál it was contended that the' mortgage was procured from the defendant by duress and coercion and by a threat of criminal prosecution against her husband.
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Appeal, No. 18, Jan. T., 1905, by defendant, from judgment of C. P. Del. Co., June T., 1903, No. 155, on verdict for plaintiff in case of Jacob S. Moyer v. Lillian R. Dodson. Scire facias sur mortgage. Before Johnson, P. J. .- At the triál it was contended that the' mortgage was procured from the defendant by duress and coercion and by a threat of criminal prosecution against her husband. When "Mrs. Dodson was on the stand she was asked this question: “ Q. Will you tell us how you came to sign this mortgage ? ” Mr. Rumsey: Objected to. The Court: I am inclined to think this is a very close…
1Opinion of the Court
Opinion by
Mr. Justice Mestkezat,
The mortgage in this case was executed in due form by Mrs. Dodson, after an examination separate and apart from her husband ; and it is admitted that the mortgagee was not present at the interview when it is claimed that fraud and coercion were used to procure its execution by Mrs. Dodson. No evidence was offered to show that the mortgagee had notice of the alleged fraud or coercion, nor did it appear that he was in possession of facts Avliich should have led him to believe that the mortgage had been procured from Mrs. Dodson by such means. Dodson testified he…
2Cases cited4 opinions
- Lewars v. WeaverSupreme Court of Pennsylvania · 1888
- Heilman v. KrohSupreme Court of Pennsylvania · 1893
- Kaufmann v. RowanSupreme Court of Pennsylvania · 1899
- Pennsylvania Trust Co. v. KlineSupreme Court of Pennsylvania · 1899
3Cited by8 opinions
- Sulzner v. Cappeau-Lemley & Miller Co.Supreme Court of Pennsylvania · 1912
- Fountain v. BighamSupreme Court of Pennsylvania · 1912
- Palatucci v. WoodlandSuperior Court of Pennsylvania · 1949
- Portland Cattle Loan Co. v. FeatherlyMontana Supreme Court · 1925
- Molony v. MatthewsSuperior Court of Pennsylvania · 1925
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