Nerpel's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 33. Appeal of Margaretta Nerpel from the decree of the court upon the exceptions filed to the special return of a sheriff’s sale of the real estate of John Nerpel, deceased.
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Appeal from the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 33. Appeal of Margaretta Nerpel from the decree of the court upon the exceptions filed to the special return of a sheriff’s sale of the real estate of John Nerpel, deceased. The property was sold under a mortgage, held by the Peoples’ Insurance Company, and after deducting costs, the sale realized $262.15, which the sheriff awarded to the insurance company, their mortgage being the first lien. The appellant, who was the widow of the mortgagor, John Nerpel, excepted to the sheriff’s…
1Opinion of the Court
The judgment of the Supreme Court was entered,
2Per curiam
The mortgage by the decedent was something more than a mere lien. For all purposes of security to the mortgagee, it was a conveyance of the land. He could have recovered in ejectment possession of the premises, and held until his principal, with interest, was repaid. Had he resorted to this remedy, and the mortgagor had then died, it is not pretended that his widow would have any right to the exemption. The proceeding under the Act of Assembly by scire facias is but a substitute for a foreclosure in equity, and the sale which it provides for does…
3Cited by8 opinions
- Harper v. Consolidated Rubber Co.Supreme Court of Pennsylvania · 1925
- Peebles's EstateSupreme Court of Pennsylvania · 1893
- Brunn v. WichserCourt of Appeals for the Third Circuit · 1934
- Barnhill's EstatePennsylvania Orphans' Court, Bucks County · 1936
- Dollar Savings & Loan Ass'n v. Sigler, Pennsylvania Court of Common Pleas, Lawrence County1976
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