Snyder v. McLanahan

Citations

• 203 Pa. 55
• 52 A. 7
• 1902 Pa. LEXIS 651

Syllabus

<p>Assignment for creditors — Assignee's sale — Announcement as to dower interest.</p> <p>Where an assignment for creditors is made without joinder of the wife, and subsequently the assignor dies, and thereafter the assignee sells the real estate under an order of court, and at the sale the widow of the assignor announces publicly, and in the presence of the assignor’s creditors that she claims her dower, and the attorney for the assignee announces that bidders should “ pay no attention to the dower notice as the purchaser would receive a good title, and free of all liens and incumbrances whatsoever,” a purchaser who has given a mortgage to the assignee for a portion of the purchase money cannot subsequently in proceedings to foreclose the mortgage aver that he is not liable, nor claim that he was entitled to retain the fund represented by^the mortgage to protect himself against the dower.</p> <p>In such a case the purchaser is bound by the recorded deed of assignment showing that the wife did not join, and by the widow’s announcement at the sale. He cannot assume that the assignee’s counsel had any power to make the announcement which he did, or that it was more than the opinion of the attorney as to whether the sale would divest the widow’s interest; nor can he assume that the silence of the creditors could be construed into an agreement that the funds to which they were entitled should be applied by the assignee to the payment of the dower.</p>