Shannon v. McHenry

Citations

• 219 Pa. 267
• 68 A. 734
• 1908 Pa. LEXIS 559

Syllabus

<p>Practice, G. P. — Judgment non obstante veredicto — Evidence—Act of April 22, 1905, P. L. 286.</p> <p>It was not the intent of the Act of April 22, 1905, P. L. 286, to disturb the line of distinction between the province of the court and that of the jury, and no judgment can be entered under the act against the verdict except where binding directions would have been proper at the close of the trial.</p> <p>Mortgage — Assignment of mortgage — Declaration—Evidence—Terretenant.</p> <p>Where a mortgagee assigns all his interest in a mortgage to another person, and at the same time delivers the mortgage and the bond accompanying it to the assignee, a statement made by the mortgagee to a person proposing to purchase the mortgaged premises, after he had parted with all interest in the mortgage as well as the indicia of ownership, to the effect that the mortgage was given for the same debt that was secured by two judgments which were prior liens on the property, is not binding upon the assignee of the bond and mortgage as against the purchaser who had made no inquiry as to whether the mortgagee owned the mortgage at the time he made the statement.</p>