Fenton v. Fenton

Citations

• 208 Pa. 358
• 57 A. 758
• 1904 Pa. LEXIS 762

Syllabus

<p>Mortgage — Dower—Merger—Decedent’s estates.</p> <p>An owner of a farm died intestate leaving to survive him a widow and four children. One of the sons agreed to purchase for a sum stated the interest of the widow and the other three children. A deed was then made to the son by the widow and the other three children. On the same day the son executed a mortgage to a trustee conditioned for the payment of an amount equal to one third the amount of the purchase money at the death of the widow to the trustee, with interest on the same to be paid annually to the widow. The trustee was the administrator of the intestate. Subsequently the son executed a second mortgage under which the farm was thereafter sold subject to the lien of the first mortgage. After the death of the widow the trustee of the first mortgage issued a scire facias. The purchaser finder the second mortgage claimed that the amount of the son’s interest in the first mortgage had merged with his interest in the land as a purchaser, and that therefore the amount of the judgment should be reduced by the amount so merged. Held, that as the son had not pursued the statutory method by partition proceedings in acquiring his father’s land, but had taken a direct deed from the other parties in interest, there was no merger of his interest in the first mortgage with his interest in the land.</p>