Duncansville Building & Loan Ass'n v. Ginter

Citations

• 24 Pa. Super. 42
• 1903 Pa. Super. LEXIS 297

Syllabus

<p>Deed — Husband and wife — Estoppel—Evidence.</p> <p>Where a husband takes title to real estate in his own name and gives his judgment note for the purchase money, and his wife has full knowledge of the deed, and permits her husband to mortgage the property twice with her full knowledge, she cannot after the expiration of sixteen years, and after the property has been sold in foreclosure proceedings under the second mortgage claim that she had paid for the property out of her own money, and that the deed had been made to her husband by mistake.</p> <p>In such a case where the deed to the husband shows on its face that the grantor who was a justice of the peace took his own acknowledgment, it is not error for the court after it had admitted the record of the deed in evidence, to permit the plaintiff in rebuttal to produce in evidence the deed itself, there being proof of the execution and delivery of the deed.</p>