Public-domain · open source
OpenJurist

94 Pa. 255

Daubert v. Eckert

Supreme Court of Pennsylvania

Decided March 22, 1880

Supreme Court of Pennsylvania · decided 1880-03-22

<p>1. A married woman having the power to mortgage her lands to secure the future indebtedness of her husband may give the money raised by the mortgage directly to him.</p> <p>2. The mortgagee has nothing to do with the application of the purchase-money. All that is necessary is that the husband and wife should join in the execution of the mortgage, and that she should be separately examined and acknowledge the instrument in the manner prescribed by law.</p>

Decided 1880-03-22

¶1The judgment of the Supreme court was entered,

Per Curiam.

¶2If, as was settled in Haffey v. Carey, 23 P. F. Smith 481, a married woman can mortgage her land to secure the future indebtedness of her husband, it is not easy to understand why she may not give the money raised by the mortgage immediately to him. The mortgagee has nothing to do with the application of the mortgage money. All that is necessary is that the husband and wife should join in the execution, and that she should be separately examined and acknowledge the instrurinent in the manner prescribed by law.

¶3Judgment affirmed.

/94/pa/255 · .json · Public domain