Hoysradt v. Felts

Citations

• 1 Monag. 282
• 17 A. 195
• 1889 Pa. LEXIS 1325

Syllabus

<p>On. an application to open a judgment, the defendant testified that he had conveyed a one-half interest in certain coal lands to plaintiff, and given a mortgage and the accompanying bond, upon which judgment was entered, to raise funds to pay off defendant’s indebtedness, and when plaintiff was repaid out of the rents of the property it was to be reeonveyed to defendant. Defendant was corroborated by one or more witnesses. The plaintiff denied that the transaction was other than it purported to be on the face of the written instruments, and was corroborated by several witnesses. The court held that the preponderance of the testimony was in favor of the plaintiff, and that the transaction was eonsummated on June 9,1881, and refused to open the judgment. Held that the action of the court should be affirmed.</p> <p>It seems that the Act of June 8,1881, providing that no defeasance to any deed, absolute upon its face, shall have the effect of reducing it to a mortgage, unless the defeasance is made at the time of the deed and is in writing, signed, etc., and recorded, etc., is not in violation of article i, § 10, of the constitution of the United States, forbidding any state to pass a law impairing the obligation of contracts.</p>