Tritten's Estate

Citations

• 238 Pa. 555
• 86 A. 461
• 1913 Pa. LEXIS 1009

Syllabus

<p>Mortgages — Vendee’s agreement to pay mortgage — Personal liability — Act of June 12, 1878, P. L. 205.</p> <p>The owner of a mortgage on certain real estate which, after the mortgagor’s death, was sold by order of the Orphans’ Court, the vendee taking it subject to the mortgage and with an agreement that the mortgage should be paid as a part of the consideration, is not entitled to prove the unpaid portion of the mortgage as a claim against the estate of the vendee after his death on the ground that there was a personal liability assumed for the payment of the mortgage, since, even conceding that the vendee assumed such personal liability, the right to enforce it inured to the grantor only with whom the agreement was made, under the Act of June 12, 1878, P. L. 205, and in any event the remedy on such agreement of payment being first against the land.</p>