Hausman v. Johnson

Citations

• 32 Pa. Super. 339
• 1907 Pa. Super. LEXIS 8

Syllabus

<p>Vendor and vendee — Incumbrance—Ground rent — Proceedings to extinguish.</p> <p>Where articles of agreement for the sale of land provide for a settlement within sixty days, and that the premises shall be conveyed clear of incumbrance, and after the expiration of the sixty days, it is discovered for the first time by both parties that there was against the premises an unextinguished ground rent dated May 1, 1764, upon which no payment had been made for over fifty-five years, and it appears that the vendor at once instituted proceedings to extinguish the ground rent of record, and offered to indemnify the purchaser against loss, it is error for the court to enter judgment against the vendor for the hand money paid and the costs incurred.</p>