Kennedy v. Quigg

Citations

• 6 Pa. Super. 53
• 1897 Pa. Super. LEXIS 312

Syllabus

<p>Mortgage — Usury—Right of mortgagor to defend when he has sold property with an agreement so to do.</p> <p>The act of assembly expressly gives a borrower the light to defend against a claim for interest in excess of the legal rate, and courts will not permit a creditor to defeat this right through a confusion of legal principles.</p> <p>A mortgagor sold the premises subject to a mortgage covering'usurious interest, covenanting with his vendee to defend against the mortgage to the extent of the usury. Held, that the filing by the mortgagee of a written release of the mortgagor of all personal liability and restricting the lien of the judgment and execution to the real estate bound by the mortgage will not defeat the mortgagor’s right to defend nor operate in evasion of the statute.</p> <p>Mortgage — Attorney's commission — Demand— Usury.</p> <p>A demand before the issuance of a scire facias sur mortgage is not necessary in order to recover attorney’s commissions.</p> <p>The fact that a portion of the mortgage covers usurious interest does not defeat the right to recover attorney’s commissions on the amount actually due. It is not unlawful to contract for or to receive more than six per cent.</p>