Livengood v. Hay
Superior Court of Pennsylvania
Appeal, No. 134, April T., 1913, by plaintiff, from judgment of C. P. Somerset Co., Feb. T., 1910, No. 79, for defendant n. o. v. in case of A. E. Livengood, use of Albert Reitz, Cashier, use of William P. Myers, v. Drucilla Hay. Assumpsit on promissory notes.
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Appeal, No. 134, April T., 1913, by plaintiff, from judgment of C. P. Somerset Co., Feb. T., 1910, No. 79, for defendant n. o. v. in case of A. E. Livengood, use of Albert Reitz, Cashier, use of William P. Myers, v. Drucilla Hay. Assumpsit on promissory notes. Before Ruppel, P. J. On December 20, 1904, C. A. Wilt and wife conveyed to Drucilla Hay certain real estate particularly described “ subject, however, to a mortgage of twenty-five hundred ($2,500) dollars, given by the grantors hereto in favor of A. E. Livengood, and assumed by the party of the second part hereto as a part of the…
1Opinion of the Court
Opinion by
Head, J.,
Wilt, being the owner of a piece of real estate, conveyed it to Drucilla Hay, the defendant. Whilst the title remained in him he borrowed $2,500 from Liven-*137good. This sum was to be repaid in five annual installments of varying amounts. For each payment Wilt gave to his creditor a promissory note, and the payment of these five notes and the debt evidenced thereby was secured by a mortgage on the real estate aforesaid. The mortgage was duly recorded, and of course became a lien against the property described in it. When Wilt made his deed of conveyance he embraced in it, just…
2Cases cited2 opinions
- McMasters ex rel. Parsons v. WilhelmSupreme Court of Pennsylvania · 1877
- Sackett v. FastSuperior Court of Pennsylvania · 1909
3Cited by4 opinions
- Greater Adelphi Building & Loan Ass'n v. Trilling, Pennsylvania Court of Common Pleas, Philadelphia County1935
- Liberty Trust Co. v. Young, Pennsylvania Court of Common Pleas, Lehigh County1934
- Republic Trust Co. v. GorhamSuperior Court of Pennsylvania · 1919
- Supreme Pretzel Co. v. Superior-Supreme Pretzel Co., Pennsylvania Court of Common Pleas, Berks County1934