194 Pa. 386 | Pa. | 1900
Opinion by
This proceeding is a scire facias upon a mortgage given by Harriet B. Sims and her husband, William H. Sims, to Andrew
It was proved on the trial that the husband of Mrs. Sims had made default iix the payment of moneys received by him as collector of delinquent taxes, and had become a fugitive from justice for a time in 1893 and part of 1894, but had returned home before the execution of the mortgage, and that an effort was being made to raise money to make good his 'default. Axxd it was claimed for the plaintiffs that the mortgage was given for the purpose of raising money on it to pay the amount of Wm. H. Sims’s shortage. But in point of fact no money was ever borrowed or ever raised in any way upon it either by the mortgagee or his assignees. The latter simply
Judgment affirmed.