Broomell v. Anderson

Citations

• 5 Sadler 142
• 8 A. 764

Syllabus

<p>A married woman joined with her husband in executing a mortgage on her real estate, and afterwards conveyed to another, who conveyed to her husband. On a scire facias to foreclose the mortgage, the wife was joined as a eodefendant with the husband; — Held, that as to her the action was m rem and that she was not interested in the result of the suit so as to set up the defense of the payment of usurious interest by the husband.</p> <p>Cited in Hunsicker v. Richardson, 3 Pa. Dist. R. 179, 13 Pa. Co. Ct. 524, 9 Montg. Co. L. Rep. 153, 5 Del. Co. Rep. 336.</p> <p>Note. — See note to Bonnell’s Appeal, 4 Sad. Rep. 7, for who may defend for usurious interest.</p>