Seidle v. Holmes

Citations

• 185 Pa. 549
• 40 A. 567
• 1898 Pa. LEXIS 752

Syllabus

<p>' Vendor and vendee — Marketable title — Mortgage—Dower—Partition.</p> <p>Two brothers, II. and W., wore tenants in common of real estate inherited from their father subject to their mother’s dower interest. W. conveyed all of his interest to H. Subsequently in partition proceedings between H. and the widow, for the purpose of fixing the widow’s dower, the whole of the estate was awarded to II., subject to a certain fixed dower. Prior to the partition proceedings H. had executed a mortgage on the whole premises, and after the partition proceedings he executed a second mortgage on the whole premises. Subsequently he executed a third mortgage to W., the consideration specified being exactly one half of the amount fixed as dower in the partition proceedings. After the death of the widow, a scire facias was issued upon the first mortgage, and at the sale the prop- „ erty was bought by the holder of the second mortgage. Held, that the purchaser took a good marketable title free from any possible claim of W.</p>