Ruzyc v. Brown

Opinion by

Mr. Justice Stern,

One receives an impression in this case that, behind legal forms, there is maneuvering for the accomplishment of an ulterior purpose.

The controversy came to this court once before: Ruzyc v. Brown, 320 Pa. 213. Plaintiffs and defendants exchanged lands respectively owned by them; in each instance the grantees assumed and agreed to pay, as part of the consideration, the mortgage debts secured on the land conveyed to them. When the mortgage on the *63property deeded to defendants matured, and payment was demanded, they defaulted. The mortgagee, Dora Bumbaugh (use…