Boyd v. McCullough

Citations

• 137 Pa. 7
• 20 A. 630
• 1890 Pa. LEXIS 944

Syllabus

<p>1. When there is no evidence of fraud, misrepresentation, or concealment on the part of the vendor, the constructive notice which the record of a judgment lien, standing in the line of the vendor’s title, gives to the vendee, is as effective as actual notice: Kuhn’s App., 2 Pa. 264; Stephen’s App., 87 Pa. 202.</p> <p>2. If the purchase money due and owing from a vendee by articles is sufi ficient to satisfy such an encumbrance, he may so apply it; but if, neg-i lecting so to do, he suffer a sheriff’s sale of the property to take place under the encumbrance, he cannot complain of the loss of what he has paid on the contract.</p> <p>3. If, at such a sheriff’s sale, the equitable vendee becomes the purchaser, lie will remain liable on his contract for the residue of the purchase money; but his liability to his vendor, after a sale to a stranger, would depend upon whether the purchase money in his hands, due and unpaid, was sufficient to extinguish the encumbrance.</p> <p>4. When the encumbrance is in excess of the purchase money unpaid, the vendor must remove it before he can enforce the contract otherwise than by ejectment; and if, without having tendered performance of the contract, he suffers his vendee to be evicted under such encumbrance, he cannot collect the residue of the purchase money.</p> <p>5. The vendee in such case, however, cannot recover back what he has paid on the contract with the record open before him, if he himself was in default at the time of the sheriff’s sale, as no implication of a promise to re-pay the money could arise, except upon full compliance with the contract.</p> <p>6. When the time for payment of the purchase money and for delivery of the deed has passed without performance, or tender thereof, by either party, the time for performance becomes indefinite, and whichever of the- \\ parties first desires to enforce the contract, he must perform or offer to-\\perform his part of it, as a condition precedent.</p> <p>7. In the absence o