McIntyre v. Velte
Supreme Court of Pennsylvania
Appeal, No. 275, Oct. T., 1892, by William Yelte, defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1892, No. 222, for plaintiff, Mary A. McIntyre, on case stated. Case stated. From the case stated it appeared that defendant agreed to purchase the property situated in Pittsburgh, from plaintiff, and that this suit was instituted to determine whether a mortgage of record against the property was a valid incumbrance or not.
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Appeal, No. 275, Oct. T., 1892, by William Yelte, defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1892, No. 222, for plaintiff, Mary A. McIntyre, on case stated. Case stated. From the case stated it appeared that defendant agreed to purchase the property situated in Pittsburgh, from plaintiff, and that this suit was instituted to determine whether a mortgage of record against the property was a valid incumbrance or not. It appeared that, on Nov. 22, 1873, Clarence M. Johns executed and delivered the mortgage in question to David Ilobinson to secure repayment of loan of $4,000…
1Opinion of the Court
Per Curiam,
Upon the facts as set forth in the case stated, we are of the opinion that the law is with the plaintiff. The mortgage was altered in a material part by the mortgagee, and this alteration avoids it absolutely. The mortgage is but a security for the payment of money with a right of lien upon the mortgaged premises to enforce payment. It is not stamped with the- character of real estate, but is a bare incumbrance or charge. In Wilson v. Schoenberger’s Executors, 31 Pa. 299, it was said: “ It is settled law in Pennsylvania that though in form a conveyance of the title, it is in…
2Cases cited1 opinion
- Wilson v. Shoenberger's ExecutorsSupreme Court of Pennsylvania · 1858
3Cited by14 opinions
- Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
- Malamut v. HainesDistrict Court, M.D. Pennsylvania · 1943
- Philadelphia Co. for Guaranteeing Mortgages v. Guaranty Realty Co.Superior Court of Pennsylvania · 1922
- In re LukensDistrict Court, E.D. Pennsylvania · 1905
- Montgomery County ex rel. Becker v. Merscorp, Inc.District Court, E.D. Pennsylvania · 2014
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