South Side Bank & Trust Co. v. Wright

Opinion by

Kenworthey, J.,

This is an appeal by a mortgagee from an order of court awarding the proceeds of a sheriff’s sale of realty to the holder of a judgment note. The question is: Which of the two contesting creditors had the prior lien?

The facts were submitted to the court by stipulation which, however, was not a case stated; we are, therefore, not precluded from referring to parts of the original record not in the stipulation. Bryant v. McGowan, 151 Pa. Superior Ct. 529, 30 A. (2d) 667.

In 1924 Catherine Reap died and, by will dated August 19, 1919, devised 1 the real estate in question…