Dixon v. Fuller

Citations

• 196 Pa. 349
• 46 A. 553
• 1900 Pa. LEXIS 525

Syllabus

<p>Ejectment — Description of land — Evidence—Findings of referee.</p> <p>In an action of ejectment tried by a referee, the uncontradicted evidence showed that in 1871, a firm became the equitable owners of the south half of a tract of land. The deed for this tract was not executed to the firm until September 8, 1888. In 1871 the firm agreed in writing to sell the undivided half of the land, and in 1881, executed a deed for the divided one half. The uncontradicted evidence showed that in all these transactions the parties intended.to convey the divided half, and that the undivided half referred to in the agreement of 1871 was a mistake. Held, that the evidence was sufficient to sustain a finding of fact by the referee that the land intended to be conveyed was the south half of the land.</p> <p>Mortgage — Purchase money — Exchange of land.</p> <p>Where two parties agree to an exchange of lands and the second party agrees to lend to the first party a sum of money secured by a mortgage on the land conveyed by the first party, to pay for an outstanding interest in the land conveyed to the second party, the money represented by the mortgage is not purchase money.</p>