Zeller v. Henry
Supreme Court of Pennsylvania
Appeal, No 327, Jan. T., 1892, by-Daniel W. Zeller, judgment creditor, from order of C. P. Lebanon Co., Jan. T., 1885, No. 71, Henry v. Light, discharging rule to mark judgment to use. Rule for s-ubrogation. Before McPherson, J. From the record.,’ it appeared that in 1878 Beuben L. Light and Susanna Light his wife owned a farm of one hundred and twenty-three acres in Lebanon county. The husband owned one seventh and the wife six sevenths of the land.
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Appeal, No 327, Jan. T., 1892, by-Daniel W. Zeller, judgment creditor, from order of C. P. Lebanon Co., Jan. T., 1885, No. 71, Henry v. Light, discharging rule to mark judgment to use. Rule for s-ubrogation. Before McPherson, J. From the record.,’ it appeared that in 1878 Beuben L. Light and Susanna Light his wife owned a farm of one hundred and twenty-three acres in Lebanon county. The husband owned one seventh and the wife six sevenths of the land. On April 3, 1878, Reuben and his wife joined in a mortgage of the entire farm to Christian Henry, to secure the sum of $2,000, a debt of the…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
Reuben L, Light and his wife Susanna Light mortgaged their farm of one hundred and twenty-three acres in Lebanon county to secure the debt of the husband to Christian Henry, mortgagee. The mortgage was a first lien. The husband owned one seventh of the farm and the wife six sevenths of it. At a sale upon a judgment against the husband his interest in it was purchased by David W. Zeller, with notice that the wife joined in the mortgage as surety. After he received a deed of the land so purchased it was levied upon and advertised for sale by virtue of a writ…
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