Hagenbuch v. Phillips
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Columbia county: Of January Term, 1886, No. 242. Scire facias sur mortgage brought by David Phillips for the use of Josiah Phillips, against W. Potts Ramsey, Anna D. Hagenbuch, and C. C. Hagenbuch. Pleas, payment with leave, and as to Anna Hagenbuch the additional plea of coverture. ... The facts, as they appeared on the trial before Elwell, P. J., appear in the following charge to the jury: This case depends upon a question of law.
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Error to the Court of Common Pleas of Columbia county: Of January Term, 1886, No. 242. Scire facias sur mortgage brought by David Phillips for the use of Josiah Phillips, against W. Potts Ramsey, Anna D. Hagenbuch, and C. C. Hagenbuch. Pleas, payment with leave, and as to Anna Hagenbuch the additional plea of coverture. ... The facts, as they appeared on the trial before Elwell, P. J., appear in the following charge to the jury: This case depends upon a question of law. There is no contradiction in the parol evidence, and we therefore take it for granted that all the facts alleged by the…
1Opinion of the Court
The opinion of the court was delivered March 15th, 1886.
2Per curiam
It is now well settled law in Pennsylvania that a married woman, by mortgage duly executed and acknowledged, when her husband joins therein, may bind her real estate. This she may do whether it be to secure the payment of a debt due by herself, or by her husband, or by a stranger. As she may, according to the form prescribed by' the statute, convey her real estate by deed, absolute on its face, so she may, in like manner, execute and acknowledge a defeasible deed or mortgage to bind her real estate, and which may result in passing all…
3Cited by6 opinions
- Kuhn v. OgilvieSupreme Court of Pennsylvania · 1896
- Bartholomew v. Allentown National BankSupreme Court of Pennsylvania · 1918
- Hastings Bank of Hastings v. CovitchSupreme Court of Pennsylvania · 1936
- Alliance Fin. Corp. Plain. v. AbramsSuperior Court of Pennsylvania · 1929
- De Roux v. Girard's Ex'rCourt of Appeals for the Third Circuit · 1901
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