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· 5/17/1911

Bergdoll v. Sopp

Citations

  • 232 Pa. 21
  • 81 A. 62
  • 1911 Pa. LEXIS 670

Syllabus

<p>Mortgage — Collateral for debt of another — Amount—Presumption— Evidence.</p> <p>Where a loan of $11,000 was made on condition that the father of the borrower should execute a mortgage for $8,000 as collateral security, and there is a contention as to whether the mortgage is given to secure the whole indebtedness, or only $8,000 of the debt, the presumption is, in the absence of special indemnity covenants, that the mortgage was not given as security for more than its principal sum, and in the absence of evidence to the contrary the presumption will stand.</p>

Judges: Fell, Mestrezat, Moschzisker, Potteb, Potter, Stewart

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