Walk v. Thompson

Citations

• 47 Pa. Super. 557
• 1911 Pa. Super. LEXIS 203

Syllabus

<p>Vendor and, vendee — Marketable title — Hand money — Affidavit of defense.</p> <p>In an action against a husband and wife to recover hand money-paid on a sale of real estate, where it appears that two years prior to the sale, the husband had copveyed the land in question to his wife, that thereafter two judgments had been recovered against the husband and subsequently an involuntary petition in bankruptcy had been filed against the husband, but dismissed, an affidavit of defense is sufficient which denies the insolvency of the husband, avers that the judgments were not liens against the real estate in question, that he owned other real estate amply sufficient to satisfy such judgments, and that in point of fact both judgments had been paid.</p>