Kuhn's Appeal
Supreme Court of Pennsylvania
Appeal from the District Court of the city and county of Philadelphia. March 6. — In 1829, a mortgage on the property now in question, with others, was executed and registered, and was the first encumbrance. Prior to November, 1843, various judgments were entered against the mortgagor, on one of which the mortgage property was sold.
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Appeal from the District Court of the city and county of Philadelphia. March 6. — In 1829, a mortgage on the property now in question, with others, was executed and registered, and was the first encumbrance. Prior to November, 1843, various judgments were entered against the mortgagor, on one of which the mortgage property was sold. In that month, judgment on the bond accompanying the mortgage was entered by warrant of attorney, and before the sale a fi. fa. issued, and was returned nulla boná. The mortgagor had become the owner of one of the intervening judgments by assignment; and at the…
1Opinion of the CourtBurnside, J.
— In Willard v. Norris, 2 Rawle, 56, the law was held, that when land, subject to a mortgage, is sold under a judgment, obtained subsequent to the execution and recording of the mortgage, the purchaser at sheriff’s sale takes the land discharged of the lien of the mortgage. This decision, as well as others embracing the same principle, induced the legislature to change the law and pass the act of the 6th April, 1830. Pamphlet Laws, 293. They provide from henceforth, “ when the lien of a mortgage, upon real estate, is or shall be prior to all other liens upon the same property, except other…
2Cases cited3 opinions
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Lessee of Bond v. StroupSupreme Court of Pennsylvania · 1810
- Garro v. ThompsonSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Demharter v. First Federal Savings & Loan Ass'nSupreme Court of Pennsylvania · 1963
- Boyd v. McCulloughSupreme Court of Pennsylvania · 1890