Raker v. G. C. Murphy Co.

Opinion by

Mr. Justice Horace Stern,

The owner of a property created a mortgage thereon and then leased the store portion to a tenant. He died, and two of his sons, who together with others inherited the reversion, procured an assignment of the mortgage, foreclosed it, and then brought proceedings to evict the lessee. Such an attempt, being contrary to both law and morals, cannot be allowed to succeed, and the court below properly so held.

The property in question is 1838-40 N. Main Avenue, Scranton. The owner, Harry Raker, in 1931 executed a mortgage thereon to the North Scranton Bank and Trust…