Ripley v. Ripley

Citations

• 34 Pa. Super. 587
• 1907 Pa. Super. LEXIS 183

Syllabus

<p>Mortgage — Bond—Deed—Second mortgage — Parent and child.</p> <p>Where a father and mother convey a farm to their son in consideration of “his paying all our just debts, our care and support during life, and our proper burial expenses,” and the son executes to the grantors a bond and mortgage for a sum stated to secure the performance of the covenants in the' deed, a second mortgage creditor of the same land under a mortgage created by the son, who has knowledge of the first mortgage and the bond accompanying it, has no standing to aver, after the son has paid the father’s debts and funeral expenses, but has violated the covenant to support his mother, that the first mortgage had been paid and satisfied, because the aggregate of the payments made by the son was equal to or in excess of the amount of the first mortgage.</p> <p>In such a ease where it appears that the second mortgage was to secure a loan of money to provide for the payment of the father’s debts, any understanding between the son and the second mortgagee as to the use to be made of the money borrowed by the former from the latter, or any interpretation by them of the contract between the son and his father, will have no effect on the rights of the mother under the first, mortgage.</p>