Downing v. Glen Rock Oil Co.
Supreme Court of Pennsylvania
Appeal, No. 124, Oct. T., 1903, by the Oil Well Supply Company, from order of C. P. Washington Co., Feb. T., 1903, No. 49, dismissing exceptions to auditor’s report in case of J. D. Downing v. Glen Rock Oil Company. Scire facias sur mortgage. From the record it appeared that the mortgage upon which suit was brought was on a leasehold. The leasehold in question was taken in execution and sold by the sheriff.
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Appeal, No. 124, Oct. T., 1903, by the Oil Well Supply Company, from order of C. P. Washington Co., Feb. T., 1903, No. 49, dismissing exceptions to auditor’s report in case of J. D. Downing v. Glen Rock Oil Company. Scire facias sur mortgage. From the record it appeared that the mortgage upon which suit was brought was on a leasehold. The leasehold in question was taken in execution and sold by the sheriff. R. W. Knox, Esq., was appointed auditor to distribute the fund raised by the sheriff’s sale. Before the auditor, the Oil Well Supply Company, a lien holder junior to the mortgage, objected…
1Opinion of the Court
Opinion by
Me. Justice Mesteezat,
To give validity to the lien of a leasehold mortgage under the recording acts as construed by our decisions, the mortgage must be placed on record in the proper county, together with the lease ; or, if the lease has been previously recorded in a deed book a distinct reference must be made in the mortgage to the book and page where the lease is recorded. In the case in hand, the lease and mortgage were left for record with the recorder of Washington county on May 7, 1902, and were recorded in his office at the same time, the former in a deed book and the latter…
2Cases cited2 opinions
- Appeal of HiltonSupreme Court of Pennsylvania · 1887
- Gill v. WestonSupreme Court of Pennsylvania · 1885