Merriman v. Moore
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Montgomery county: Of January Term 1879, No. 209. Assumpsit by De Forest Merriman against Edwin Moore, Margaret S. Kennedy and Jacob Highley, executors of John Kennedy, deceased, and Christopher Heebner, to recover the amount of a mortgage held by plaintiff on land taken by the defendants, under and subject to the payment of said mortgage, the lien of which had been discharged by a sheriff’s sale under a prior encumbrance.
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Error to the Court of Common Pleas of Montgomery county: Of January Term 1879, No. 209. Assumpsit by De Forest Merriman against Edwin Moore, Margaret S. Kennedy and Jacob Highley, executors of John Kennedy, deceased, and Christopher Heebner, to recover the amount of a mortgage held by plaintiff on land taken by the defendants, under and subject to the payment of said mortgage, the lien of which had been discharged by a sheriff’s sale under a prior encumbrance. This was an appeal by defendants from the award of a board of arbitrators. The declaration averred that on November 2d 1875, Edwin R.…
1Opinion of the CourtJustice Paxson
In recent cases some attempts have been made to define with as much precision as possible the mutual and dependent rights and duties of mortgagees, mortgagors, the grantees of mortgagors and the alienees of such grantees. 1. A conveyance of land “ under and subject” to a mortgage executed by the grantor, creates, as between themselves, a covenant of indemnity to the grantor on the part of the grantee. 2. If the grantee- alien by a deed containing the same “ under and subject” clause, without more, the alienee does not assume a liability to the mortgagee, or undertake to discharge ' the…
2Cited by27 opinions
- May's EstateSupreme Court of Pennsylvania · 1907
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Title Guaranty & Trust Co. v. BushnellTennessee Supreme Court · 1920
- Fair Oaks Building & Loan Ass'n v. KahlerSupreme Court of Pennsylvania · 1935
- Faulkner v. McHenrySupreme Court of Pennsylvania · 1912
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