Stuart v. Stuart

Citations

• 182 Pa. 543
• 38 A. 409
• 1897 Pa. LEXIS 841

Syllabus

<p>Husband and wife — Mortgage—Interest—O ft.</p> <p>Where a wife had bequeathed to her a mortgage against her husband on land on which the husband and wife lived together, and the evidence showed that the husband had paid his wife the interest for some years, and then quit, but that he had never made any promise to pay interest, except the formal promise to his wife’s testator contained in the bond and mortgage, and further, that the husband had always supplied his wife with the money for necessaries for herself and family which she regarded as in lieu or satisfaction of the interest on the mortgage, the presumption is that the wife did not intend to claim interest, and therefore she cannot collect it from the sheriff’s vendee of the farm, except from the date of the sale.</p>