Waslee v. Rossman

Citations

• 231 Pa. 219
• 80 A. 643
• 1911 Pa. LEXIS 819

Syllabus

<p>Deed, — Covenant—“Grant bargain and sell” — Recital—Mortgage— Extinguishment of mortgage — Husband and wife.</p> <p>1. Whatever shows the intent of the parties to bind themselves to a performance of the thing stipulated may be deemed a covenant without regard to the form of expression made use of. A recital that something is intended to bo done amounts to a covenant to do that thing.</p> <p>2. A recital in a deed that a certain mortgage “is intended to be paid off and satisfied of record,” is equivalent to a covenant to have the mortgage in question extinguished and satisfied of record. Such a covenant works an estoppel by deed against the covenantor, and, unless overcome, it is sufficient to defeat the foreclosure of the mortgage.</p> <p>3. If such a covenant is in a deed from a husband to a person who immediately reconveys the property to the wife of his grantor, the wife is entitled to its benefit, inasmuch as the third party is the mere conduit through which the title passes to avoid the doctrine of merger of husband and wife; in such case the fact that the wife takes the property for a nominal monetary consideration makes no difference, as the law will presume the transfer a gift from her husband.</p> <p>Deed — General warranty — Mortgage—“Grant, bargain and sell”— Act of May 28,1715,1 Sm. L. 94.</p> <p>4. The grantor in a general warranty deed is bound by the warranty, and cannot, as against the grantee, acquire title to the land in a proceeding on a mortgage which was a lien on it at the date of the deed.</p> <p>5. Where a person conveys land to another and causes his grantee to create a mortgage upon the land to himself and takes a reconveyance subject to the mortgage, and thereafter conveys the land to his wife through an intermediary the deed is within the act of 1716, and the words “grant, bargain and sell,” imply a covenant against the mortgage.</p> <p>Evidence — Written instrument — Reformation—Mistake—Mutual mistake — Reading paper.</p> <p>6. No wri