Green v. Rick

Citations

• 121 Pa. 130
• 15 A. 497
• 1888 Pa. LEXIS 656

Syllabus

<p>1. When land is conveyed under and subject to the lien of a mortgage securing the bond of the grantor, the conveyance in this form creates a convenant on the part of the grantee to indemnify the grantor against the mortgage debt: Davis’s App., 89 Pa. 272.</p> <p>2. In a joint obligation, each of the obligors owes to the others the exercise of good faith for their joint interest : a confidential relation thus existing, each owes a duty to disclose to the others anything affecting the joint interest and each will be held, in matters pertaining to the payment and discharge of the joint liability, to act and speak for all.</p> <p>8. When a purchase is made of property actually in litigation, pending the suit and from a party thereto, though upon a valuable consideration and in point of fact without express or implied notice, the purchaser is affected in the same maimer as if he had notice and accordingly will be bound by the judgment or decree in the suit</p> <p>4. But where a bond and mortgage are in litigation and the land bound by them is not, the purchaser of the land, under and subject to the lien of the mortgage, is not affected by the doctrine of lis pendens.</p> <p>5. When one of two innocent persons must suffer loss by the default of a third, their rights being otherwise equal, that one should bear the loss who put it in the power of the defaulter to inflict it; therefore, the purchaser of land subject to a mortgage will be protected in a payment made in good faith to the mortgagee of record, in the absence of notice that the debt secured is payable to another as the real owner.</p> <p>6. Where, in a suit against the obligors in a bond, the purchaser of land subject to a mortgage securing the bond is made a party defendant, and pleads a discharge of the mortgage by a payment to the mortgagee of record, made bona fide and without notice of the fact that the debt secured by the bond is payable to another, and judgment is had against the defendants generally, t