First Federal Savings & Loan Ass'n v. Reedy

Brominski, J.,

This matter comes before the court on defendant’s preliminary objections to plaintiff’s complaint in equity.

The complaint alleges substantially these facts. Plaintiff, as mortgagee, accepted a mortgage purportedly executed by defendant and his wife as security for a loan of $3,400. Defendant’s signature was forged and the void mortgage has been cancelled of record. Defendant’s wife has died and defendant is now the sole owner of the property described in the void mortgage.

Relying on the validity of the mortgage, plaintiff paid and satisfied liens against defendant’s real estate…