Bonebrake v. Summers

Citations

• 193 Pa. 22
• 44 A. 330
• 1899 Pa. LEXIS 1077

Syllabus

<p>Deeds—Reservation of charge on land—Maintenance—Habendum—Mssignee's sale—Discharge of liens—Act of February 17, 1876.</p> <p>The habendum of a deed from D. and R. contained the following words: “Nevertheless the maintenance of D. and R., his wife, during their natural life is a part of the consideration herein mentioned, therefore this title does not become clear of all incumbrance until at the death of the said D. and R.” Held, (1) that the words charged upon the premises conveyed a maintenance for the grantors, and that this charge was a continuing lien; (2) that the grantors had the right to reserve such charge; (3) that such a charge is not discharged by a judicial sale.</p> <p>Assignment for creditors—Sale of land—Discharge of liens—Act of February 17, 1876.</p> <p>A charge for maintenance reserved in a deed by the grantor is not discharged by an assignee’s sale under the act of February 17, 1876, for the benefit of the grantee’s creditors.</p>