Wetzel v. Linnard

Citations

• 15 Pa. Super. 503
• 1901 Pa. Super. LEXIS 380

Syllabus

<p>Mortgage — Cancelation of mortgage — Settlement of criminal prosecution —Certificate of no defense — Equity.</p> <p>A bond and mortgage given by a woman without any fraud or deception being practiced upon her, and in settlement of a criminal prosecution against a relative, will not be set aside by a court of equity where it appears that the mortgagee subsequently assigned the bond and mortgage for value to another person who had no notice or knowledge of the illegality of the original consideration for the mortgage, and that acting as agent of such person the mortgagee received a declaration of no defense or set-off from the mortgagor, who continued to pay interest and receive receipts therefor, stating that the title to the'security was in the person to whom it had been assigned. ,</p> <p>Principal and agent — Kncnoledge of agent — Notice.</p> <p>A principal is only affected by the knowledge of his agent acquired in the course of the business in which the agent is employed.</p>