Vetter v. Vetter

Citations

• 13 Pa. Super. 584
• 1900 Pa. Super. LEXIS 207

Syllabus

<p>Mortgage — Affidavit of defense — Merger.</p> <p>Where a joint owner in the fee becomes the owner of an interest in a mortgage on said premises and by deed conveys all his right, title, interest, etc., and in addition uses the words “grant, bargain and sell” without reference to the mortgage, there is an implied covenant against incumbrance, and there being no express reservation or intimation of intent to reserve any interest in the mortgage in a suit on said mortgage by the grantor, an affidavit of defense is sufficient which makes the specific averment that said deed was intended and understood by the parties thereto to be a full and absolute conveyance of the interest of the grantor therein in said lands and the mortgage in suit.</p>