Fishel v. McDonald

Opinion by

Mr. Justice Arnold,

An appeal in this case to the Superior Court (Fishel v. McDonald, 163 Pa. Superior Ct. 251, 60 A. 2d 820) resulted in a reversal so that the plaintiff might amend. The facts are succinctly stated by Judge Reno in the opinion in that case, at page 252 as follows: “In 1928 David A. Hammond conveyed property to plaintiffs [the Fishels], husband and wife, subject to a mortgage given by Hammond to the Keystone-Westmoreland Building and Loan Association, and plaintiffs gave their mortgage to Hammond for part of the purchase price. Later in 1928 plaintiffs conveyed to…