Opinion
Submitted January 16, 1957.
May 29, 1957.
Practice — Mortgages — Foreclosure proceedings — Pleadings — Defenses — Sufficiency — Fraudulent transaction — Recording of mortgage — Constructive notice.
In this action to foreclose a mortgage in which one defendant pleaded that there was fraud in the original mortgage transaction and it appeared from the pleadings that this defendant derived her title from the person who was a leading party in the fraud, it was Held that (1) defendant could not take advantage of any alleged fraud in the creation of the mortgage, and (2) the recording of the mortgage was constructive notice to her of its existence.
Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.
Appeal, No. 64, Jan. T., 1957, from order of Court of Common Pleas of Lycoming County, May T., 1955, No. 881, in case of Robert Mamolen et ux. v. Hyman S. Mamolen et ux. Judgment affirmed.
Same case in court below: 8 Pa. D. C.2d 312.
Complaint in action of mortgage foreclosure.
Preliminary objections filed by plaintiffs to answer and new matter of defendants. Judgment for plaintiff entered on pleadings, opinion by WILLIAMS, P. J.: Defendant appealed.
Sidney A. Simon, for appellant.
Nathan W. Stuart, for appellees.
The Order of the Court below is affirmed on the Opinion of President Judge C. S. Williams.
Each party to bear own costs.