Temple Co. ex rel. Smith v. Penn Mutual Life Insurance

The opinion of the court was delivered by

Van Syckel, J.

This is an action of trover to recover the value of what is alleged to be personal property in the Temple theatre.

The defendant held a real estate mortgage on the theatre, under the foreclosure of which it purchased the theatre, and claims certain articles for which this action is brought as part of the real estate.

A verdict was rendered for plaintiff for $8,621.05.

The plaintiff claims title under a subsequent mortgage, which was both a real estate and chattel mortgage.

At the sheriff’s sale under the mortgage to the defendant-the…