Kearney v. Hogan

Citations

• 154 Pa. 112
• 25 A. 1076
• 1893 Pa. LEXIS 852

Syllabus

<p>Vendor and vendee — Time within which vendor must remove incumbrances.</p> <p>Where real estate is sold free of all incumbrance and no time is fixed for the execution of the deed and delivery of possession, the vendor has a reasonable time within which to remove incumbrances; and what is a reasonable time is a question for the jury.</p> <p>Real estate was advertised and sold as free of all incumbrance. At the time of the sale, however, there was a right on the part of a third person to have a drain pipe and water pipe across a portion of the premises, and there was a burden on the owner to pay a portion of the expense of keeping these pipes in repair. There was no time fixed for the execution of the deed, and delivery of possession. The sale was made on December 9, 1890, and the incumbrance was not removed and a deed tendered until February 7, 1891. Held, that it was proper to leave the question of the reasonableness of the time to the jury, and that a judgment on a verdict for the vendee should be sustained.</p>