Clippinger's Estate

Citations

• 162 Pa. 627
• 29 A. 705
• 1894 Pa. LEXIS 1032

Syllabus

<p>Set-off — Judgment—Charge on land — Annuity—Personal obligation.</p> <p>Mosebey owned land charged with an annuity. He conveyed the land to John McClain, and agreed to protect it from the charge of the annuity. John McClain conveyed the land to Frank McClain who conveyed it to James McClain. Mosebey after the conveyance continued to pay the annuity to the annuitant, but at her death it was in arrears. Suit was brought by her administrator against Frank McClain, and a judgment recovered which was paid by James McClain to prevent a sale of the land. Mosebey recovered a judgment against the annuitant’s administrator to recover for goods sold and money advanced. At the audit of the administrator’s account the auditor found that the goods delivered and money advanced by Mosebey was on account of the annuity. Mosebey claimed that he had been released by John McClain from his agreement to pay the annuity. The auditor awarded the amount of the Mosebey judgment to James McClain. Held, to be error. '</p> <p>Mosebey was under no duty to pay the annuity to the annuitant as he h'ad never covenanted with her to do so, and was not the holder of the title when it became due. The payments which he had previously made to her were in discharge of Ms obligation to another, John McClain. Her administrator could not set off her claim for annuity in an action by him for goods sold. On the other hand he was under no legal duty to Frank McClain or James McClain to pay the annuity. His obligation to pay it, if any existed, was a personal obligation to another who was their predecessor in title. There was no privity of estate or contract between the parties. By Mr. Justice Fell.</p>