Miller Lumber & Coal Co. v. Berkheimer

Opinion by

Mr. Justice Parker,

The court below dismissed plaintiff’s bill in equity. We are all of the opinion that under the admitted facts the correct order was madé.

The facts appear in a written stipulation agreed upon by the parties. The Industrial National Bank of West York holds a mortgage signed by Franklin Berkheimer and Mary J. Berkheimer, his wife, which mortgage is a lien on three parcels of real estate. One parcel was owned by the husband and wife as tenants by entireties at the time the niortgage was given, but is now the property of the wife as the surviving spouse. The two…