Reis v. McDevitt

Citations

• 219 Pa. 414
• 68 A. 1012
• 1908 Pa. LEXIS 588

Syllabus

<p>Mortgage — Default—Scire facias clause — Time.</p> <p>Where a scire facias clause in a mortgage provides that if default be made of principal or interest or any part thereof, when due and payable for the space of thirty days, the whole of said principal, debt and interest unpaid shall then become due and payable forthwith, the whole principal debt and interest does not become due, and no suit for their recovery can be instituted until the expiration of thirty days from the date specified for their payment.</p> <p>Practice, C. P. — Parties—Contract—Assumption of 'payment of municipal liens and taxes.</p> <p>Where a purchaser of real estate agrees to assume payment of certain municipal liens and county taxes, and also the payment of a mortgage on the land, but fails to do so, the seller in an action against the purchaser to recover for breach of contract cannot join as plaintiffs in the action the municipality and the county to which the unpaid liens and taxes are due.</p>