Potter Title & Trust Co. v. Quilter

Citations

• 247 Pa. 355
• 93 A. 507
• 1915 Pa. LEXIS 837

Syllabus

<p>Mortgages — Defenses—Payment—Evidence—Admissibility.</p> <p>On a scire facias sur mortgage given by a sister to her brother, both dead at the time the writ issued, to secure money which she borrowed for the purchase of the mortgaged premises in which she lived with him, evidence of f.aets, circumstances and declarations by the parties, from which could be inferred an agreement by the brother that amounts due the sister for board should go in liquidation of the mortgage was admissible in support of the defense of payment and was not objectionable as an attempt to vary by parol the terms of a written instrument.</p>