6 A.2d 786 | Pa. | 1939
In May, 1927, Dr. Charles A. Keagy, husband of defendant, borrowed from plaintiff $21,000 and delivered to it a bond and mortgage executed by himself and defendant, the mortgage covering a property owned by them as tenants by the entireties. By December, 1928, the debt had been reduced to $6,000, and, in pursuance of a proposal made by Dr. Keagy, plaintiff satisfied the mortgage upon receiving from him and defendant their judgment note in that sum. The note was renewed from time to time, with slight reductions, until December *358 1, 1934, when the last renewal note was given in the sum of $5,850. Upon this note judgment was entered in November, 1935. In March, 1936, defendant filed a petition to open the judgment on the ground that she was an accommodation maker or surety for her husband. An answer was filed, depositions were taken, and the rule was made absolute. A feigned issue was framed between plaintiff and defendant and tried before a jury. Plaintiff's point for binding instructions was refused, and a verdict was rendered for defendant. Subsequently the court overruled plaintiff's motion for judgment n. o. v.
Defendant admits that the mortgage executed by herself and her husband in 1927 created a valid lien upon the property owned by them as tenants by the entireties, even though the money borrowed was for his exclusive use and benefit. A married woman may mortgage her real estate or assign her personal property as security for her husband's debts: Bartholomew v.Allentown National Bank,
The judgment is reversed, and the record is remanded with directions to enter judgment for plaintiff for the amount due.