Stayton v. Graham

Citations

• 139 Pa. 1
• 21 A. 2
• 1891 Pa. LEXIS 954

Syllabus

<p>(a) In a soire facias sur mortgage, the mortgagor not only declined to defend, with terre-tenants holding subject to the mortgage, against usurious interest in the amount claimed, but repudiated of record all de-fence on his own part on account thereof, and, after judgment was obtained against the terre-tenants, voluntarily confessed judgment to the mortgagee:</p> <p>1. The judgment against the terre-tenants having been reversed, the mortgagor thereafter, by reason of his previous inconsistent statements of record, was estopped from joining with the terre-tenants in proceedings to open the judgment confessed, and from defending in a subsequent trial against the amount of the claim alleged to be usurious.</p> <p>2. The doctrine of estoppel will be applied to prevent statements of record, abandoning existing rights, from operating as a fraud upon a party who has been led to rely upon them, thereby changing his conduct and condition; and the defence of usury is no exception to the rule: Wood’s App., 1 Penny. 259; Marrv. Marr, 110 Pa. 60; Earnest v. Hoskins 100 Pa. 551, distinguished.</p>