Stewart v. Linton

Citations

• 204 Pa. 207
• 53 A. 744
• 1902 Pa. LEXIS 631

Syllabus

<p>Mortgage — Acknowledgment—Married women—Deputy consul general —Affidavit of defense.</p> <p>An affidavit of defense to a scire facias sur mortgage against a married woman is insufficient, which avers that the mortgage was executed under what purported to be a power of attorney; that deponent and her husband attempted to execute a power of attorney before a deputy consul general and signed such power of attorney ; that they were informed at the time that the deputy consul general had no power to take an acknowledgment; that it was arranged that they should return the next day to appear before the consul general; that they changed their minds and never returned, and never in fact did execute the power of attorney.</p> <p>A deputy consul general has power to take an acknowledgment of a deed and mortgage.</p>