Montgomery County Law Reporter

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: cj Common jjjlcnti oj jguzerne jaunty. Hunt vs. Mccartney Et Ux. The disabilities imposed upon married women by our laws are intended to protect them from importunity and imposition but not to shield them from all the consequences of their own deliberate acts. In cases of fraud resulting from concealment...
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: cj Common jjjlcnti oj jguzerne jaunty. Hunt vs. Mccartney Et Ux. The disabilities imposed upon married women by our laws are intended to protect them from importunity and imposition but not to shield them from all the consequences of their own deliberate acts. In cases of fraud resulting from concealment of the truth, when the truth ought to be made known, a married woman may estop herself from denying the truth of her representations. Exceptions to report of referee. G. W. Kline, Esq., for plaintiff. George H. Trout man, Esq, for defendant. The facts fully appear from the opinion of the court delivered September 20, 1886, by Woodward, J. The referee, after hearing all the evidence in this case, has found as matter of fact: First. That the mortgage in question was duly executed and delivered, and conformed in all respects with the requirements of the law concerning the right of married women to encumber their separate estates. Secondly. That the mortgage was duly assigned and transferred by the original mortgagee to Henry Dryfoos, and subsequently was again assigned, by the said Dryfoos, to John Hunt, the present plaintiff. Thirdly. That at and before the purchase of said mortgage by John Hunt, Margaret McCartney, the real party in interest and the owner of the mortgaged premises, stated to him that there was due on said mortgage the sum of three thousand dollars. She urged him to buy the mortgage as a favor to her, stating that she would lose her property unless he did so, as she could not raise the money to pay it. The referee also finds that the above statements, made by Margaret McCartney, were what induced John Hunt to purchase the mortgage; and further, that the price paid for the mortgage was the full sum of three thousand dollars. Fo...