Blood v. Crew Levick Co.

Citations

• 177 Pa. 606
• 35 A. 871
• 1896 Pa. LEXIS 1022

Syllabus

<p>Deeds — Covenants and conditions — Effect of acceptance of deed.</p> <p>When a grantor conveys land by his deed upon terms and conditions stated therein, the grantee by accepting the deed consents to its conditions, and he is bound by them as íul ly as he could have bound himself by signing and sealing the covenants and conditions contained in the deed, and they may be enforced by the persons in whose behalf they are made with substantially the same effect.</p> <p>Deeds subject to lien of mortgage — Purchase money.</p> <p>A grantee of land who accepts a deed made “under and subject to the lien ” of a mortgage given by his grantor and “ subject to the payment of the mortgage ” is a purchaser as between himself and his grantor of the entire estate, and is liable to pay the mortgage as part of the purchase money due from him.</p> <p>Deeds — Parol evidence to vary written instrument — Affidavit of defense —Mortgage.</p> <p>A vendee of land accepted a deed from his vendor in which it was stipulated that the vendee should pay a mortgage on the land made by the vendor to secure the payment of vendor’s notes, but the vendee was not to be personally liable for the notes. In an action by the vendor to the use of the mortgagee against the vendee to recover the amount of the mortgage, the affidavit of defense contained an averment that the vendee understood the stipulation that he was not to look after the individual notes secured by the mortgage, as relieving him from his express covenant to pay the mortgage. It was not alleged that anything was omitted from, or added to the deed by fraud, accident or mistake, and it was not alleged that it was incorrectly read or explained to the defendant. Meld, that the affidavit of defense was insufficient to prevent judgment.</p> <p>Dismissal of bill in equity — Bes adjudicóla.</p> <p>An affidavit of defense is insufficient to prevent judgment which avers that the controversy had already been adjudicated in an equity suit, and avers th