Albright v. Lafayette Building & Savings Ass'n
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term 1883, No. 34. Scire facias sur mortgage, by the Lafayette Building and Savings Association, plaintiffs, against Samuel Albright and Elizabeth Albright, defendants, with notice to E. Jonathan Deininger, terre-tenant.
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Error to the Court of Common Pleas of Berks county: Of January Term 1883, No. 34. Scire facias sur mortgage, by the Lafayette Building and Savings Association, plaintiffs, against Samuel Albright and Elizabeth Albright, defendants, with notice to E. Jonathan Deininger, terre-tenant. The mortgage in suit, dated April 26th 1876, was given by Samuel Albright and wife to the association plaintiff, of a house and lot No. 217 North Tenth street in the city of Reading, recited to be “ the same premises which James T. Reber, assignee for the benefit of creditors of George J. Heilig and Theresa his…
1Opinion of the CourtJustice Clark
The first point involved in this controversy is, as to the admissibility of the evidence, offered by the plaintiffs in error, the purpose of which was to establish the Deininger mortgage, as a purchase money mortgage.
The Act of March 28th 1820, § 1, Purd. Dig. 478, pi. 103, which provides that mortgages are to have priority according to the date of their recording, and that no mortgage shall be a lien until the same shall have been recorded, contains a provision as follows:—
Provided, that no mortgage given for the purchase money of the land, so mortgaged, shall be affected by the passage of…
2Cases cited1 opinion
- The Eastern Plank Road Company v. . VaughanNew York Court of Appeals · 1856
3Cited by10 opinions
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- Commonwealth Title Insurance & Trust Co. v. EllisSupreme Court of Pennsylvania · 1899
- Trunzo v. Citi MortgageDistrict Court, W.D. Pennsylvania · 2012
- Oransky v. StepanavichSupreme Court of Pennsylvania · 1931
- First National Bank v. ZookNorth Dakota Supreme Court · 1923
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