Pennsylvania Oil Products Refining Co. v. Willrock Producing Co.

The action is to foreclose a $100,000 mortgage on Cattaraugus county oil property. The defendant bank on its own motion was made a defendant in order that it might claim a lien against the real property involved predominant over the hen of the mortgage under foreclosure. The trial court directed foreclosure, dismissed the defenses of the defendants Williams and held that the mortgage of plaintiff should be reformed giving to defendant bank a primary right to the proceeds of one-fourth of all the oil produced upon the premises or resting “ in, under and upon such premises.”

The defendants…