Citizens Building & Loan Ass'n v. Arvin
Supreme Court of Pennsylvania
Appeal, No. 31, Oct. T., 1903, by plaintiff, from order of C. P. Westmoreland Co., Aug. T., 1901, No. 393, striking off judgment in case of Citizens Building and Loan Association of Mt. Pleasant v. Lloyd S. Arvin and Ida Arvin. Rule to strike off judgment.
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Appeal, No. 31, Oct. T., 1903, by plaintiff, from order of C. P. Westmoreland Co., Aug. T., 1901, No. 393, striking off judgment in case of Citizens Building and Loan Association of Mt. Pleasant v. Lloyd S. Arvin and Ida Arvin. Rule to strike off judgment. Before McConnell, J. From the record it appeared that S. F. Todd and A. R. Bossier agreed through their agent, Thomas F. Diskin, to sell real estate to Lloyd S. Arvin for $1,950. The deed for the property was placed in Mr. Diskin’s hands with instructions to deliver it when the cash was paid. Mr. Diskin acting for Arvin, who was a minor at…
1Opinion of the Court
Opinion by
Mb. Justice Potter,
The appellant in this case seeks to have a mortgage given to it by L. S. Arvin, a minor, declared to be a purchase money mortgage. The fact of the minority of the defendant is not disputed. We have looked in vain through the evidence to find any basis upon which to rest the claim, that the mortgage in question was at the time of its execution, intended by any of the parties in interest, to stand as security for any part of the unpaid purchase money. The former owners of the property made the sale for cash. There was no understanding with them as to the giving of…