Sgarlat v. Diggory

Citations

• 68 Pa. Super. 53
• 1917 Pa. Super. LEXIS 70

Syllabus

<p>Vendor and vendee — Articles of agreement — Default in payment of installments — Forfeiture.</p> <p>Where articles of agreement for the sale of a lot of land provide for the payment of the purchase-money in installments on days specified, and for a deed to the vendee after all the installments are paid, and it is further provided that “the payment of the said installments as the same severally fall due, is made material, and the failure to pay any one of them on the day on which the same falls due, shall be an absolute forfeiture of this contract,” and’it appears that the vendee enters into possession, pays some of the installments which were accepted after the date when they were due, and finally ceases to pay the taxes and defaults, and continues the default for several years, and then departs and does not return, the vendor may convey the property to another person and give a good title free from any equity in the vendee under the articles of agreement.</p> <p>In such a case the fact that the véndee under the articles permitted his sister-in-law who resided on an adjoining lot, to use the lot in question, or a portion of it as a garden, and temporarily for hen coops, does not furnish any foundation for the claim of the sister-in-law for title to the lot by adverse possession.</p>