Estate of Dahlem

Citations

• 175 Pa. 454
• 34 A. 807
• 1896 Pa. LEXIS 1271

Syllabus

<p>Mortgage — Menial capacity of mortgagor — Evidence.</p> <p>A mortgagor was in a weak state both bodily and mentally at the time of the execution of a mortgage. The evidence tended strongly to show that he understood what he was doing at the time he signed the mortgage. Two of the witnesses who testified against his competency signed the.mortgage as subscribing witnesses. The orphans’ court found as a fact that the mortgagor was competent to execute the mortgage. Held, that the finding of the orphans’ court should be sustained.</p> <p>Mortgage — Defective certificate of acknowledgment — Date in certificate of acknowledgment.</p> <p>An omission of the date in the certificate of acknowledgment of a mortgage will not invalidate the lien of the mortgage, if the date of the acknowledgment appears from an inspection of the whole instrument.</p> <p>A-certificate of acknowledgment of a mortgage failed to state the date of the acknowledgment. The mortgage was dated, executed and recorded on the same day. Held, that it would be presumed that the mortgage was acknowledged on the same day.</p>