Burke v. Gummey
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of assumpsit, by Thomas A. Gummey against William A. Burke, to recover a sum of money paid by him in satisfaction of a mortgage which was a lien on certain real estate conveyed by Gummey to Burke, and which Burke, as vendee, had assumed to pay.
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Error to the District Court of Philadelphia. This was an action of assumpsit, by Thomas A. Gummey against William A. Burke, to recover a sum of money paid by him in satisfaction of a mortgage which was a lien on certain real estate conveyed by Gummey to Burke, and which Burke, as vendee, had assumed to pay. The case was this: — Thomas A. Gummey, by indenture in the usual form, in consideration of $1000, conveyed to William A. Burke a house and lot, “ subject to the payment of a mortgage-debt, or sum of $1000, secured by indenture of mortgage given by the said Thomas A. Gummey to Thomas Cain,…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
This ease is ruled by Campbell v. Shrum, 3 Watts 60, as well as by the principles laid down in Blank v. German, 5 W. & S. 36, and in Woodward’s Appeal, 2 Wright 322. We have no cases that are not reconcileable with the doctrine'that one who purchases expressly subject to an encumbrance as between the vendor and himself makes the debt his own, and assumes to protect the vendor. Such assumption is in part or in whole the consideration of the conveyance to him. It would be strange were it not so. In this case Gummey sold to Burke for $1000 a…
2Cases cited2 opinions
- Campbell v. ShrumSupreme Court of Pennsylvania · 1834
- Blank v. GermanSupreme Court of Pennsylvania · 1842
3Cited by9 opinions
- May's EstateSupreme Court of Pennsylvania · 1907
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Fair Oaks Building & Loan Ass'n v. KahlerSupreme Court of Pennsylvania · 1935
- Blood v. Crew Levick Co.Supreme Court of Pennsylvania · 1895
- Britton v. RothSupreme Court of Pennsylvania · 1933
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