193 Pa. 22 | Pa. | 1899
Opinion by
After the concise and clear findings of fact by the learned trial judge in the common pleas, a restatement of them here is wholly unnecessary.
To this rule, however, there are exceptions, such as the lien of first mortgages, and those liens which are incapable of computation because of uncertainty; in this last is placed a charge upon land for the maintenance of one or more persons during life. This certainly includes the charge in question, because it is incapable of computation, and, although a debt in favor of the previous owner, it was not discharged by this sale, and the court properly so held. It will be noticed the purchase money was in excess of the liens existing at the date of the deed creating the charge.
But it is urged that, under the act of February 17, 1876,
We concede that on this last point the case is a very close one, and we are not unanimous, but as a majority concur in the opinion of the common pleas, which has been affirmed by the Superior Court, we affirm the judgment. We can add nothing of value to what has been said by the learned judge of the common pleas and by the Superior Court. There is nothing of merit in the other assignments, and the judgment is affirmed on the opinion of the court of common pleas.