Hedden v. Fassett

Citations

• 2 Monag. 577
• 17 A. 29
• 1889 Pa. LEXIS 1387

Syllabus

<p>A deserted wife who has been declared a feme-sole trader under the Act of Jan. 4, 1855, may mortgage her real estate, although she is not engaged in any trade or business.</p> <p>A court of equity will not grant her relief from such a mortgage, where it was executed by her for the purpose of stripping herself of her property, where in fraud of the rights of her husband, although there may have been fraud or misrepresentation by another in procuring her to execute the mortgage.</p> <p>In this case, the finding of the master was that the holder of the mortgage was a purchaser for value without notice of fraud.</p> <p>Where a mortgagor at the time he executes a mortgage delivers to the mortgagee a certificate of no defence, he cannot set up, as against the purchaser of the mortgage, that there was fraud in obtaining the mortgage.</p>