Colonial Trust Co. v. Foster

Citations

• 234 Pa. 152
• 82 A. 1128
• 1912 Pa. LEXIS 625

Syllabus

<p>Mortgage — Void mortgage — Married women — Separable acknowledgment — Valuable consideration — Acts of February 24,1770,1 Sm. L. 807, May 12,1891, P. L. 58, and May 2,1901, P. L. 126 — Evidence.</p> <p>1. Where in a scire facias sur mortgage the plaintiff relies upon a mortgage executed by husband and wife in 1871 and not separately acknowledged by the wife, as required by the act of February 24,1770, the burden is on the mortgagee to show aliunde the recital in the mortgage, that the mortgage was given for a valuable consideration so as to bring it within the several curative acts subsequently passed, and this burden is not met by a recital in the instrument itself when offered in evidence.</p> <p>2. Such a mortgage, without proof that it was given for a valuable consideration, is void and unenforceable against the wife, and recitals in it prove nothing affirmatively.</p>