Delaware County Trust Co. v. Lukens
Superior Court of Pennsylvania
Appeal, No. 191, Oct. T., 1908, by-defendants, from order of C. P. Delaware Co., March T., 1905, No. 25, entering judgment for plaintiff non obstante veredicto in case of The Delaware County Trust, Safe Deposit and Title Insurance Company to use of Frank G. Perrin, Assignee, v. Rudolph C. Lukens, mortgagor, and Bernard V. Black, terretenant. Scire facias sur mortgage. Before Broomall, J. The opinion of the Superior Court states the case.
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Appeal, No. 191, Oct. T., 1908, by-defendants, from order of C. P. Delaware Co., March T., 1905, No. 25, entering judgment for plaintiff non obstante veredicto in case of The Delaware County Trust, Safe Deposit and Title Insurance Company to use of Frank G. Perrin, Assignee, v. Rudolph C. Lukens, mortgagor, and Bernard V. Black, terretenant. Scire facias sur mortgage. Before Broomall, J. The opinion of the Superior Court states the case. Verdict for plaintiff for $164.61. On motion for judgment non obstante veredicto, the court entered judgment for plaintiff for $428.59. Bernard V. Black…
1Opinion of the Court
Opinion by
Beaver, J.,
It was well settled in Carpenter v. Koons, 20 Pa. 222, that:
“1. When the mortgagor himself sells the mortgaged premises in pieces for a full price, and at different times, the several parts are liable for the mortgage debt in the inverse order of their alienation.
“2. But this rule does not apply to the case of sales of mortgaged premises made by the sheriff, since the Act of 6th of April, 1830, P. L. 293, under a judgment subsequent to the mortgage.
“3. Two purchasers at a sheriff's sale of pieces of land each sold, since the act of 1830, subject to the same mortgage, are…
2Cases cited2 opinions
- Carpenter v. KoonsSupreme Court of Pennsylvania · 1852
- Fisher v. ClydeSupreme Court of Pennsylvania · 1841
3Cited by3 opinions
- Greenblatt v. FoxSuperior Court of Pennsylvania · 1915
- Home Unity Savings & Loan Ass'n v. BalmosSuperior Court of Pennsylvania · 1960
- Kitzmiller v. Cumberland Valley Savings & Loan Ass'n, Pennsylvania Court of Common Pleas, Cumberland County1979