Cummings v. Horter

Citations

• 15 Pa. Super. 458
• 1900 Pa. Super. LEXIS 380

Syllabus

<p>Assignment of mortgage — Fraud in procurement — Equitable defense by defendant who is part owner and mortgagee.</p> <p>An assignor of a mortgage who is also part owner of the mortgaged premises, in a suit brought by the assignee, may set up as a defense fraud alleged to have been committed in the procurement of the assignment upon which the plaintiff’s right to sue is founded. A resort to equity will not be required where the common-law machinery has been set in motion by the plaintiff, and furnishes adequate opportunity for a determination of the pending dispute.</p>