Bair's Assigned Estate

Citations

• 20 Pa. Super. 85
• 1902 Pa. Super. LEXIS 187

Syllabus

<p>Fraud — Two innocent persons — Release.</p> <p>Where one of two innocent persons must suffer loss by reason of fraud or deceit of another, the loss should fall on him by whose act or omission the wrongdoer lias been enabled to commit the fraud.</p> <p>Where a daughter executes and acknowledges a release of interest in real estate, and gives the release to her mother for the purpose of enabling the latter to convey a clear title to a contemplated purchaser, and the sale falls through, and three years thereafter the mother records the release, and borrows money by mortgage on the title thus cleared, the daughter has no claim in the land as against the mortgagee.</p>