Hornbeck v. Mutual Building & Loan Ass'n
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county : Of October and November Term 1878, No. 131. Scire facias sur mortgage, given by G. H. Hornbeck and wife to tne Mutual Building and Loan Association of Elizabeth.
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Error to the Court of Common Pleas, No. 2, of Allegheny county : Of October and November Term 1878, No. 131. Scire facias sur mortgage, given by G. H. Hornbeck and wife to tne Mutual Building and Loan Association of Elizabeth. Hornbeck and wife executed and delivered a mortgage on the property of Mrs. Hornbeck to secure the payment by her husband to said association, of $2000 in weekly instalments, dues on ten shares of the capital stock of the association, and such fines as might be imposed thereon. Suit was subsequently brought on the mortgage. The acknowledgment of the mortgage was taken…
1Opinion of the CourtJustice Mercur
This controversy is as to the sufficiency of the acknowledgment of the plaintiffs in error to bind the estate of the wife.
The certificate of acknowledgment before a notary public, after stating that George II. Hornbeck and Margaret J., his wife, personally appeared before him and acknowledged the indenture of mortgage to be their act and deed, and desired the same might be recorded as such, proceeded to declare “ she, the said Margaret J., being , of full age, and by me examined separately and apart from her said husband, and the contents of said indenture being first made fully to her,…
2Cases cited1 opinion
- Lessee of M'Intire v. WardSupreme Court of Pennsylvania · 1812
3Cited by4 opinions
- Orsa Associates, Inc. v. MBA Financial, Inc. (In Re Orsa Associates)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- Phelan v. Fleet Consumer Discount Co. (In Re Rice)United States Bankruptcy Court, E.D. Pennsylvania · 1991
- Estate of DahlemSupreme Court of Pennsylvania · 1896
- Spencer v. ReeseSupreme Court of Pennsylvania · 1895