Kraus v. Stein

Citations

• 173 Pa. 221
• 33 A. 1031
• 1896 Pa. LEXIS 687

Syllabus

<p>[Marked to be reported.]</p> <p>Mortgage — Satisfaction of mortgage — Mental incapacity — Evidence.</p> <p>A satisfaction of a mortgage will not be set aside on the ground of the mental incapacity of the mortgagee at the time the satisfaction was executed, where it appears that the mortgagee, a woman seventy-two years of age, in her last illness, and for days before her death, expressed a desire to relieve the mortgagor of the payment of the debt, that she accordingly summoned a justice of the peace and explained her desire to him, and he not being able to act, a second justice of the peace was summoned who prepared the paper according to the mortgagee’s instructions, explained it to her and had her sign it with her mark and seal it; that the mortgagor was not present when the paper was executed, and there was no evidence to show that he had anything to do with it, or used any influence to have it signed; that both justices testified that the mortgagee was rational and capable of understanding what she was doing, and the only evidence tending to show mental incapacity was that she suffered much from pain, and was frequently under the influence of morphia, although not to such an extent as to impair her mind.</p>