Hollenberger v. Yaukey

Citations

• 145 Pa. 179
• 22 A. 821
• 1891 Pa. LEXIS 663

Syllabus

<p>1. When one of several heirs, taking land in a partition proceeding, gives a recognizance to secure payment of interest on one third of the valuation money to the decedent’s widow during her life, and of the principal at her death to the decedent’s heirs, “including the recognizor,” his share of said principal merges in his title to the land, and does not become a lien thereon.</p> <p>2. A deed from a subsequent holder of the title to land so taken, expressly conveying it subject to the payment of interest annually to the widow, during her life, on a specified sum equal in amount to the dower principal, ‘ ‘ the money to be paid to those entitled to receive it ” at her death, will not have the effect of adding to or enlarging the charge created by the recognizance.</p> <p>3. In any event, an action of assumpsit cannot be maintained against the vendee named in such deed, by a person claiming to be entitled to recover the recognizor’s share of the dower principal, a sufficient answer to such action being found in § 1, act of June 12,1878, P. L. 205, prescribing the effect of a conveyance “ under and subject to ” an encumbrance: Per Mr. Justice McCollum. ■</p>