Carothers v. Sims

Citations

• 194 Pa. 386
• 45 A. 47
• 1900 Pa. LEXIS 397

Syllabus

<p>Mortgage — Assignment of mortgage — Defense— Consideration.</p> <p>As the assignee of a mortgage takes it subject to all the equities of the mortgagor against the mortgagee, if the mortgage was given without consideration, and was not intended as a gift, the assignee cannot recover upon it. It is immaterial that the assignee was bondsman for the mortgagor’s husband as tax collector, and that the husband has made default in paying over the moneys received as collector, if such liability had been incurred long before, and was not induced by the mortgage or any promise by the mortgagor to give a mortgage.</p>