White v. Dempster

Citations

• 256 Pa. 212
• 100 A. 751
• 1917 Pa. LEXIS 589

Syllabus

<p>Beal estate — Sales subject to mortgages — Foreclosure of first mortgage — Suit on bonds against grantee by subsequent mortgagees — Action over against grantee — Case for jury.</p> <p>The owner of real estate conveyed same subject to three mortgages as part of the purchase-price. The purchaser failed to pay the mortgages and the land was sold on the first mortgage, thereby divesting the lien of the subsequent mortgages. The subsequent mortgagees, who were sisters of the grantor, entered judgment on their bonds against the grantor, who thereupon paid them the amount of their mortgages and the judgments were satisfied. In an action by the grantor against the grantee to recover the amount of the two mortgages, defendant contended that plaintiff had not made a bona fide payment of the debts secured by the mortgages, and had, therefore, sustained no damage. There was no evidence tending to show lack of good faith in the payment except the relationship of the parties and the fact that the drawer of the check by which payment on the mortgages was made afterwards appeared as counsel for the plaintiff. Held, that the court did not err in submitting the good faith of the transaction to the jury and the verdict for plaintiff was sustained.</p>