Brown v. Devitt

Citations

• 131 Pa. 455
• 19 A. 80
• 1890 Pa. LEXIS 1132

Syllabus

<p>[To be reported.</p> <p>1. A vendor may enforce the payment of purchase money on an executory agreement for the sale of land, by an action of ejectment against the vendee in possession, or Ms assignee; and such action maybe maintained to enforce payment of any instalment of purchase money overdue when it is brought.</p> <p>2. One who receives from a vendee an assignment of an executory contract of sale, in payment of a pre-existing indebtedness, stands on no higher footing than his assignor; “ nothing is payment to enlarge the equitable estate of a vendee for the benefit of his creditors, which is not equally payment to enlarge it for the benefit of himself:” Watson v. Willard, 9 Fa. 89.</p> <p>3. Whore a contract for the sale of an oil-leasehold provided that the title should not pass until payment of a purchase money note, an assignee of the vendee’s interest, knowing that the purchase money was unpaid, cannot defend against an ejectment to enforce it, upon a belief that its lien was lost by the substitution of new notes for the original and the vendor’s release of the right to have the oil run to his credit.</p>