Union Trust Co. v. Cain

Citations

• 29 Pa. Super. 189
• 1905 Pa. Super. LEXIS 291

Syllabus

<p>Mortgage — Assignment—Fraud—Principal and agent — Estoppel.</p> <p>Where an attorney in fact fraudulently assigns a mortgage of his principal to pay a debt of his own, and the principal subsequently files a bill in equity against the assignee of the mortgage for a reassignment of the mortgage to, herself, but without praying for an accounting of the interest received by the assignee, and without joining the terre-tenant in the bill, and a decree is entered for a reassignment without any reference to the interest paid to the assignee, the principal is estopped from recovering such interest in a direct proceeding by a scire facias sur mortgage against the terre-tenant.</p> <p>Estoppel — Evidence—Province of court and jury.</p> <p>Ordinarily, where there is no dispute about the facts, it is a question of law whether or not the facts proved constitute an estoppel; otherwise questions of estoppel are peculiarly for the determination of the jury.</p>