Woods Run Avenue
Superior Court of Pennsylvania
Appeal, No. 63, April T., 1910, by John Kelso, from order of C. P. No. 3, Allegheny Co., Feb. T., 1907, No. 599, making absolute rule to pay over an award In re Petition of the City of Aliegheny for the appointment of viewers in the matter of the widening and damage by grade of Woods Run Avenue from Perrysville Avenue to Brighton Road. Rule to pay over the amount of an award to a mortgage creditor.
Read the full summary
Appeal, No. 63, April T., 1910, by John Kelso, from order of C. P. No. 3, Allegheny Co., Feb. T., 1907, No. 599, making absolute rule to pay over an award In re Petition of the City of Aliegheny for the appointment of viewers in the matter of the widening and damage by grade of Woods Run Avenue from Perrysville Avenue to Brighton Road. Rule to pay over the amount of an award to a mortgage creditor. From the record it appeared that on January 4, 1907, the German National Building & Loan Association of Pittsburg conveyed by general warranty deed certain land situate in the city of Allegheny to…
1Opinion of the Court
Opinion by
Henderson, J.,
It is a well-recognized rule that the owner of land at the *478' time it is taken for public use is the person entitled to the damages awarded for such taking, and it is equally well settled that where the land is subject to the lien of a mortgage the court having jurisdiction of the subject will guard the rights of the lien creditor. This is on the theory that the land is converted into money to the extent to which damages are allowed. The damages become a substitute for the thing taken and the mortgage is a charge against the fund. While the award is in the /name of the…
2Cases cited3 opinions
- Workman v. MifflinSupreme Court of Pennsylvania · 1858
- City of Philadelphia v. DyerSupreme Court of Pennsylvania · 1862
- Powell v. WhitakerSupreme Court of Pennsylvania · 1879
3Cited by11 opinions
- Harris's AppealSupreme Court of Pennsylvania · 1936
- In re TorchiaCourt of Appeals for the Third Circuit · 1911
- Fidelity-Philadelphia Trust Co. v. KrausSupreme Court of Pennsylvania · 1937
- Allegheny County Port Authority v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1966
- Sarapin v. Phila. (K.-S. Shoe Co.)Supreme Court of Pennsylvania · 1932
6 more not listed; retrieve them via the Exa API.