Thompson v. Griggs

Citations

• 31 Pa. Super. 608
• 1906 Pa. Super. LEXIS 269

Syllabus

<p>Gift — A cceptance — Presumption—Evidence.</p> <p>Every gift by will or deed is supposed', prima facie, to be beneficial to the donee, and, therefore, the law will presume that the gift is accepted until the contrary is proved.</p> <p>Subrogation — Payment—V olunteer — Mortgage.</p> <p>When a mere volunteer discharges the debt of another he is not entitled to the remedies which the creditor possesses against the debtor.</p> <p>Where a mere volunteer in possession of land pays a portion of the mortgage debt on the land for his own benefit, he is not entitled as against the owner to keep alive so much of the mortgage as he paid; and this is especially the case where he' has agreed in consideration of the use of the land to pay off the mortgage debt.</p> <p>Mortgagor — Comortgagor—Payment of debt.</p> <p>Where one of two mortgagors has been compelled to pay a balance of debt, interest and costs due on the mortgage in order to save the land, he is entitled to collect one-half of the sum so paid, out of the interest of the comortgagor.</p>