Rohn v. Odenwelder

Citations

• 162 Pa. 346
• 29 A. 899
• 1894 Pa. LEXIS 986

Syllabus

<p>Deed — Annuity—Charge on land — “ Under and subject ” — Discharge by execution.</p> <p>Parties may, by clear and express words in deeds of conveyance, create liens upon land, either for purchase money or for the performance of collateral conditions, which will be binding between themselves and their privies, and such liens will not be divested by subsequent sheriff’s sales, where they are in the nature of testamentary provisions for wives and children, or are not capable of valuation, or are expressly created to run with the land.</p> <p>Where a conveyance is made by a husband and wife to their son “ under and subject ” to the paymeut of an annual sum to the husband during his life; and in the same continuous clause it is provided that after his death a less sum “ shall be paid ” annually to the wife during widowhood; and the right and privilege of the use of three rooms in the house is given to the husband and wife during his life and after his death to her during widowhood, and the payment of the purchase money is provided for, without interest, one year after the death of the husband and the death or remarriage of the wife; and stable-room and food for one horse and carriage-room for one carriage in the barn are also reserved to the husband during his life; in such a case the words “ under and subject ” apply to-the payments to be made to the wife as well as to the husband, and create a fixed lien or charge upon the land, which will not be divested by a subsequent sheriff’s sale.</p> <p>Demand — Interest—Presumption.</p> <p>In such a ease, no payments having been made to the wife and no serious demand therefor apparently having been made by her, in a suit for sixteen years’ arrearages of her annuity, the question whether or not under the circumstances and the relation of the parties a presumption that, no interest on the arrearages was intended, is for the jury. Smyser v. Smyser, 3 W. & S. 437, applied.</p> <p>Remedy — Assumpsit—Judgment de terms.</p> <p>The r