Gorgas v. Saxman

Citations

• 216 Pa. 237
• 65 A. 619
• 1907 Pa. LEXIS 789

Syllabus

<p>Mortgage — Tender—Weak-minded persons — Act of June 25, 1895, P. L. 300.</p> <p>Where a mortgagor with the aid of a physician satisfies himself that the mortgagee is of unsound mind, and acting upon this belief makes no tender of an installment due on the mortgage, and does not pay the installment into court, he will be liable for interest on the installment until the time when it is subsequently paid; and this is the case although the mortgagee was, subsequently to the time when the installment was due, in proceedings under the act of June 25, 1895, found to be of weak mind.</p> <p>The act of June 25, 1895, operates prospectively in order to protect a person, not a lunatic, nor an habitual drunkard, but of weak mind, against his own improvidence thereafter. The power to find how long the person has been weak-minded, is not conferred by the act.</p>