Parke v. Neeley
Supreme Court of Pennsylvania
Error to the Court' of Common Pleas of Chester county: Of January Term 1879, No. 85. Scire facias sur mortgage issued May 22d 1877, by Robert Neeley against The McLean & Benner Machine Company, mortgagors, and Thomas E. Parke, terre-tenant, the latter being the purchaser at sheriff’s sale of the land covered by the mortgage, under a judgment subsequent to it. The terre-tenant alone defended. The question was whether the mortgage was divested by the sheriff’s sale.
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Error to the Court' of Common Pleas of Chester county: Of January Term 1879, No. 85. Scire facias sur mortgage issued May 22d 1877, by Robert Neeley against The McLean & Benner Machine Company, mortgagors, and Thomas E. Parke, terre-tenant, the latter being the purchaser at sheriff’s sale of the land covered by the mortgage, under a judgment subsequent to it. The terre-tenant alone defended. The question was whether the mortgage was divested by the sheriff’s sale. The records in the offices of the recorder of deeds and the prothonotary showed as follows: Neeley, on the 11th of May 1875, was…
1Opinion of the CourtJustice Sterrett
The contention of the plaintiff in error is that the mortgage, on which the scire facias in this case issued, was divested by the sheriff’s sale, at which be became purchaser of the mortgaged premises.
It is conceded that the mortgage, as expressed on its face, was given to secure purchase-money, and if recorded within sixty days from the execution thereof, was undoubtedly the'first lien on the land, and consequently not divested by the sale, unless its date raises a conclusive presumption as to the time of its execution. On the other hand, if not recorded in time, the mechanics’ liens,…
2Cited by13 opinions
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- Cutter v. PiersonSuperior Court of Pennsylvania · 1904
- Lefever v. ArmstrongSuperior Court of Pennsylvania · 1901
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