Lennox ex rel. Crawford's Exrs. v. Brower

Citations

• 160 Pa. 191
• 28 A. 839
• 1894 Pa. LEXIS 792

Syllabus

<p>Mortgage — Ground rent — Assignment—Aet of June 12, 1878.</p> <p>The act of June 12,1878, P. L. 205, which provides that grantees of real estate shall not be personally liable for mortgages, ground rents or other incumbrances thereon, unless they expressly bind themselves in writing, does not apply to an action by a grantor for the unpaid balance of the purchase money, where the grantee agreed by parol as a part of the consideration for the property to pay off the mortgages thereon.</p> <p>Plaintiff owned three adjoining lots, each subject to a separate ground rent, and all jointly subject to subsequent mortgages. Two of the lots had been sold by the sheriff for arrears of ground rent, but title had not been taken. Judgment had been obtained for ground rent due on the third lot.</p> <p>Defendants verbally agreed to purchase plaintiff’s interest in all the lots for the consideration of a certain sum in cash and the payment of all claims against the property. Held, that an action could be maintained by the plaintiff on this agreement.</p>