Chaffey v. Boggs

Citations

• 179 Pa. 301
• 36 A. 241
• 1897 Pa. LEXIS 636

Syllabus

<p>Affidavit of defense — Mortgage— Vendor and vendee — Defect of title.</p> <p>In an action upon a mortgage given for balance of purchase money, an affidavit of defense is sufficient which avers that a railroad company is in possession of a valuable part of the land covered by the mortgage under a title paramount to the title formerly held by the mortgagee, and which he undertook to convey, and that the mortgagor did not know of the claim of the railroad company to a part of said land until about the time his grantee was ousted therefrom, and that “as at present advised and informed, and as he believes and expects to be able to prove at the trial of this cause, the averments hereinbefore contained are true.” In such a case a suit brought against the railroad company by the grantee of the mortgagor before the diseoveiy of the paramount title by the company is not a bar to the defense presented by the affidavit, nor an impairment or qualification of it.</p>