Thomas v. Equitable Building & Loan Ass'n
Citations
- 215 Pa. 259
- 64 A. 531
- 1906 Pa. LEXIS 775
Syllabus
<p>Husband and mfe — Married women — Mortgage—Purchase money mortgage —Waiver of priority of lien — Principal and agent.</p> <p>Where a married woman accepts a purchase money mortgage containing a covenant waiving the priority of lien of the mortgage in favor of a mortgage executed on the same day by the purchaser, and it appears that the transaction was the result of an agreement between the husband of the married woman, and the mortgagee, in the mortgage executed by the purchaser, and that the husband was fully authorized to act as agent for his wife in the premises, the wife will not be relieved of the covenant of waiver contained in her mortgage.</p>
Judges: Elkin, Fell, Mestrezat, Mitchell, Potter
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