Steinert v. Galasso

Opinion by

Reno, J.,

Defendant has appealed from a judgment entered against him in an action of assumpsit upon plaintiff’s demurrer to defendant’s answer to the complaint.

The facts have been abstracted from the complaint and answer. On October 6,1928, plaintiff conveyed real estate to Robert Wasyl, and for part of the consideration took a mortgage upon the premises payable 3 years from that date for $3200, afterwards reduced by Wasyl’s payments to $1700. On March 22, 1937, Wasyl conveyed the property to appellant by a deed containing the following: “This conveyance is subject to a mortgage in…