Martin's Appeal
Supreme Court of Pennsylvania
Appeal of Amanda Martin, executrix and legatee of the estate of Edward D. Martin, deceased, and claimant as mortgage lien-creditor, from the decree of the Court of Common Pleas, No. 2, of Philadelphia county, confirming the report of an auditor appointed to distribute the proceeds of a sheriff's sale of a house and lot of ground No. 839 North Broad street.
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Appeal of Amanda Martin, executrix and legatee of the estate of Edward D. Martin, deceased, and claimant as mortgage lien-creditor, from the decree of the Court of Common Pleas, No. 2, of Philadelphia county, confirming the report of an auditor appointed to distribute the proceeds of a sheriff's sale of a house and lot of ground No. 839 North Broad street. Of January Term 1879, No. 179. The said promises were sold under an execution upon a judgment obtained in an action of covenant sur ground-rent deed, dated May 2d 1849. Before the auditor appointed to distribute the fund, Amanda Martin, the…
1Opinion of the CourtJustice Gordon
If a mortgagor or judgment-debtor has a lot or parcel of land, say of ten acres, and of this he sells five to B., the remaining five acres, if of sufficient value, must sustain the whole charge, and the part sold to B. cannot be made to contribute until that remaining in the debtor or mortgagor has been exhausted; and this rule extends to purchasers of the encumbered premises, and in an order inverse to the date of their several titles. The burthen falls first upon the last purchase, and it is only after the fund arising from this source has been consumed, that resort can be had to that which…
2Cases cited1 opinion
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
3Cited by2 opinions
- Pratt v. WaterhouseSupreme Court of Pennsylvania · 1893
- Turner ex rel. Hartman v. FlennikenSupreme Court of Pennsylvania · 1894