Legal Opinion

Harp Building & Loan Ass'n v. Davis

Superior Court of Pennsylvania

Decided February 20, 1914No. Appeal, No. 153PublishedCited by 3 opinions

Appeal, No. 153, Oct. T., 1913, by John Thiel, from order of C. P., No. 1, Phila. Co., Dec. T., 1912, No. 658, discharging rule to strike from the record the release of a lien of a mortgage in case of Harp Building & Loan Association to use of Laura Y. Fitch v. Frank C. Davis, Mortgagor, and Minna Schmidt, Real Owner. Rule to strike off release of a lien of a mortgage. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 153, Oct. T., 1913, by John Thiel, from order of C. P., No. 1, Phila. Co., Dec. T., 1912, No. 658, discharging rule to strike from the record the release of a lien of a mortgage in case of Harp Building & Loan Association to use of Laura Y. Fitch v. Frank C. Davis, Mortgagor, and Minna Schmidt, Real Owner. Rule to strike off release of a lien of a mortgage. The facts are stated in the opinion of the Superior Court. Error assigned was order of the court below discharging the rule.

1Opinion of the Court

Opinion by

Rice, P. J.,

The appellant is the purchaser at sheriff’s sale of mortgaged premises under a judgment in scire facias on the mortgage. The matter of which he complains is the discharge of his rule to show cause why the plaintiff’s release of the leasehold estate of J. C. Fitch from the lien of the mortgage should not be stricken from the record. The lease referred to was made after the execution of the mortgage, and the release of lien was executed and filed in the prothonotary’s office, as well as in the office for recording deeds, after judgment had been entered on the scire facias…

2Cases cited5 opinions

  1. Rand v. KingSupreme Court of Pennsylvania · 1890
  2. Berger v. HiesterSupreme Court of Pennsylvania · 1841
  3. Assigned Estate of LoveSuperior Court of Pennsylvania · 1897
  4. In re Assigned Estate of McFaddenSupreme Court of Pennsylvania · 1899
  5. Loomis's AppealSupreme Court of Pennsylvania · 1853

3Cited by3 opinions

  1. Landau v. Western Pennsylvania National BankSupreme Court of Pennsylvania · 1971
  2. Brown, to Use v. Aiken (Forte)Supreme Court of Pennsylvania · 1937
  3. LANDAU v. W. PA. NAT. BANKSupreme Court of Pennsylvania · 1971

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