Long's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Beaver county: Of October and November Term 1873, No. 194. In the estate of Price Bryan, deceased.
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Appeal from the Orphans’ Court of Beaver county: Of October and November Term 1873, No. 194. In the estate of Price Bryan, deceased. To the March Term 1873 of the Orphans’ Court of Beaver county, Joseph W. Long presented a petition, setting out that the decedent died in April 1865, intestate, seised of a tract of land containing about 100 acres, and leaving to survive him a widow and four children, of whom Pollie C., intermarried with William M. Claney, and Bassie A., intermarried with Samuel Kenney, were two; that on the 15th day of November 1871, the interest of Mrs. Claney in her father’s…
1Opinion of the Court
Judgment was entered in the Supreme Court,
2Per curiam
A mortgagee of an undivided estate is not entitled to be made a party to a proceeding in partition. He is not the owner of the estate, but a mere encumbrancer, who cannot claim *153to elect or to refuse a purpart, to give security for owelty, or to do any act affecting the title or estate of his mortgagor. His estate is defeasible, and the moment his debt is paid it ceases. What sort of decree would it be to award him the' share or purpart of his mortgagor until his debt should be paid? On what principle should a mere encumbrancer, whose estate is liable…
3Cited by17 opinions
- Pines v. FarrellSupreme Court of Pennsylvania · 2004
- Betts v. WardSupreme Court of Alabama · 1916
- McKnight v. BellSupreme Court of Pennsylvania · 1890
- Montgomery County ex rel. Becker v. Merscorp, Inc.District Court, E.D. Pennsylvania · 2014
- Patterson's EstateSupreme Court of Pennsylvania · 1912
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