Kay v. Gray

Citations

• 24 Pa. Super. 536
• 1904 Pa. Super. LEXIS 229

Syllabus

<p>Mortgage — Affidavit of defense — Deed—Delivery.</p> <p>On a scire facias sur mortgage, the heirs of a decedent filed an affidavit of defense in which they alleged that after the death of the decedent who was seized of the land, there was found among his effects a deed for the same naming the -mortgagor as grantee, but which had never been delivered to him, or any one for him, that the mortgagor without the authority or consent of the heirs took and recorded the deed, and on the same day also without their knowledge or consent, executed the mortgage in suit, and that the mortgagor never acquired any title from the decedent, nor from any of his heirs or assigns to or in the land described in the writ, and had no right to mortgage or incumber the same; that in a prior equity suit between deponents and the mortgagor and mortgagee, the court below in a decree affirmed by the Supreme Court had decreed the invalidity of the mortgage in question. Held, that the affidavit of defense was sufficient to prevent judgment.</p>