70 Pa. Super. 373 | Pa. Super. Ct. | 1918
Opinion by
The following are the material facts disclosed by the statement of claim and affidavit of defense. The plain
The defendant contends that he is relieved from liability to reimburse the plaintiff for the amount which the latter was compelled to pay in satisfaction of his bond, by virtue of the provisions of the Act of June 12, 1878, P. L. 205. This is not an action between the holder of the encumbrance and the grantee who took title subject to that encumbrance. The Act of 1878 applies to the relations between the grantee and the holder of the encumbrance, it does not affect the' covenant of the grantee to protect the grantor against loss through his personal liability for the debt to which the conveyance of the land has been made subject: May’s Est., 218 Pa. 64. “The words ‘under and subject’ in a conveyance, im
The allegation that 'the plaintiff had been guilty of laches in allowing his personal bond to remain in the possession of the Philadelphia Savings Fund Society for many years, and negligently to have the property sold at sheriff’s sale soon after the debt had become due is without merit, the duty was upon the defendant to protect the interests of the plaintiff in this matter, and the fault, if any, was his own. The allegation that the plaintiff ought not to be permitted to recover because he failed to defend the foreclosure proceedings brought upon the mortgage, and neglected to bid upon the property at the sheriff’s sale cannot be sustained. The affidavit does not suggest any defense which the plaintiff could have presented and there is no intimation of collusion between the plaintiff and the mortgagee.
The judgment is affirmed.