Kennedy v. Borie
Supreme Court of Pennsylvania
Appeal, No. 191, July T., 1894, by plaintiff, from decree of C. P. No. 4, Philg,. Co., June T., 1893, No. 1025, sustaining demurrer to bill in equity. Bill for decree continuing lien of mortgage.
Read the full summary
Appeal, No. 191, July T., 1894, by plaintiff, from decree of C. P. No. 4, Philg,. Co., June T., 1893, No. 1025, sustaining demurrer to bill in equity. Bill for decree continuing lien of mortgage. The bill averred in substance as follows: 1. Plaintiff is assignee for the benefit of creditors of the Order of Vesta. 2. Among the assets assigned were a bond and mortgage of defendants Groome and wife to the assignor, for $5,000, on property in Delaware county, described in an exhibit to the bill. It is still wholly due and unpaid. It was subject to the lien of a prior mortgage for $8,000, given by…
1Opinion of the Court
Opinion by
Mr. Justice Green,
We do not think that the rulings in Rauch v. Dech, 116 Pa. 157, and Rushton v. Lippincott, 119 Pa. 12, control the decision of this case. In both of those cases the purchaser at the judicial sale was a total stranger to the title and under no obligation to protect the title against any incumbrances. He therefore took the lands divested of the liens which were sought to be enforced, and when he subsequently conveyed to the former owner the purchaser took the same title which he held. In this case the allegation of the bill is that Martin bought the property from…
2Cases cited4 opinions
- Rauch v. DechSupreme Court of Pennsylvania · 1887
- Rushton v. LippincottSupreme Court of Pennsylvania · 1888
- Woodburn v. Farmers' & Mechanics' BankSupreme Court of Pennsylvania · 1843
- Taylor v. SmithSupreme Court of Pennsylvania · 1837
3Cited by5 opinions
- Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941
- Bowen v. A. R. Boyd Enterprises, Inc.Supreme Court of Pennsylvania · 1937
- Fishel Et Ux. v. McDonald Et Ux.Superior Court of Pennsylvania · 1948
- Fishel v. McDonaldSupreme Court of Pennsylvania · 1954
- Commonwealth v. BaroniFayette County Court of Quarter Sessions · 1945