In re Assigned Estate of McFadden
Supreme Court of Pennsylvania
Appeal, No. 234, Jan. T., 1899, by Harry A. McFadden, executor, from decree of C. P. Blair Co., March T., 1897, Nos. 108 and 113, in distribution. Petition of lien creditor to take proceeds of assignee’s sale of real estate out of court.
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Appeal, No. 234, Jan. T., 1899, by Harry A. McFadden, executor, from decree of C. P. Blair Co., March T., 1897, Nos. 108 and 113, in distribution. Petition of lien creditor to take proceeds of assignee’s sale of real estate out of court. It appears from the evidence that Archibald McFadden made a deed of assignment of his property, including among other pieces of property one known as the McFadden farm, which was subject to a mortgage of $4,040. There were judgments junior to this mortgage. After some proceedings looking towards the collection of the mortgage, it was alleged that an agreement…
1Opinion of the Court
Per Curiam,
As to the controlling question of fact in this case, the learned president of the court below found on sufficient evidence “that it was understood and agreed between the parties concerned that the McFadden farm should be sold by the assignee free and clear of the lien of the Brooke first mortgage, and that the first proceeds of sale should be applied to the payment of said mortgage.”
There cannot be any doubt that the act preserving the lien of a first mortgage at a judicial sale not made on said lien is for the benefit of the holder of the mortgage, and that by agreement he may…
2Cases cited1 opinion
- Assigned Estate of LoveSuperior Court of Pennsylvania · 1897
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- Harp Building & Loan Ass'n v. DavisSuperior Court of Pennsylvania · 1914
- Dauphin Deposit Bank & Trust Co. v. Howard O. Stouffer, Inc.Superior Court of Pennsylvania · 1981
- Mosely's EstatePennsylvania Orphans' Court, Cumberland County · 1940
- Perrin v. Merchants Ice Co., Pennsylvania Court of Common Pleas, Dauphin County1933
- Reichert v. Reichert, Pennsylvania Court of Common Pleas, Bucks County1970