Bank of Commerce v. Peace

Citations

• 27 Pa. Super. 643
• 1905 Pa. Super. LEXIS 119

Syllabus

<p>Deed — Mortgage—Defeasance—Ground rent — Lien—Judgment.</p> <p>Where the owner of a ground rent of the face value of three thousand dollars makes an absolute conveyance of it to another for the sum of two thousand dollars in cash, and the grantee agrees to re-sell the ground rent if he has an opportunity, and to pay to the grantor any surplus over the two thousand dollars, and subsequently the grantee re-sells the ground rent at an advance and pays over the surplus to the grantor, he will not be liable to account for such surplus, in the absence of fraud, to a judgment creditor of the grantor who had obtained his judgment subsequently to the grantor’s conveyance.</p>