Gill's Estate

Citations

• 268 Pa. 500
• 112 A. 80
• 1920 Pa. LEXIS 726

Syllabus

<p>Contracts — Sale—Covenant of indemnity — Personal liability— Parol evidence — Act of June 12,1878, P. L. 205.</p> <p>1. Where a sale is made subject to a specified indebtedness, ordinarily this operates only as a covenant of indemnity to the grantor.</p> <p>2. If the parties so intend, however, it will be held to create a personal liability to the holder of the encumbrance, even though the grantor was not himself personally liable for the debt.</p> <p>3. Such intention may be established by parol evidence.</p> <p>4. In a dispute between those who are not parties to a written instrument, it is not necessary, in order to show their real intention, to either aver or prove anything was omitted from the writing by fraud, accident or mistake.</p> <p>5. The Act of June 12, 1878, P. L; 205, does not apply to sales of personal property.</p> <p>Evidence — Witness—Attomey-at-law—Party dead.</p> <p>6. An attorney-at-law who drew a written agreement, but is not interested in the case, is a competent witness though one of the parties thereto has died.</p> <p>Statute of limitations — Agreement under seal — Presumption of payment — Practice, Orphans’ Court.</p> <p>7. The statute of limitations does not apply to an agreement under seal; liabilities created thereby continue in force until the presumption of payment arises.</p> <p>8. It is too late to claim the benefit of the statute of limitations on exceptions to an adjudication in the orphans’ court.</p>