Schweyer ex rel. Kline v. Walbert

Citations

• 190 Pa. 334
• 42 A. 694
• 1899 Pa. LEXIS 1026

Syllabus

<p>Judgment — Opening judgment — Bond and mortgage — Parol evidence to vary written instrument.</p> <p>A general liability upon a bond accompanying a mortgage given for purchase money of real estate may be restricted by proof of a contemporaneous oral agreement but for which the property would not have been boughs nor the instrument in question executed, and by virtue of which there was to be no personal liability upon it, but the amount thereof was to be collectible alone out oí the property conveyed.</p> <p>Where a woman executes an agreement to purchase land and covenants to give “ a mortgage on the said premises,” and subsequently executes a mortgage and a bond without any restriction as to liability, and judgment is entered upon the bond, the judgment will be opened where the defendant testifies that she was induced to sign the bond, only upon a parol agreement that her liability should be restricted to the land purchased.</p>