Legal Opinion
United States v. Daniel K. Cless, Margaret J. Cless, Elwood A. Sterner, Marion L. Sterner, C. Hoerner Cassel
Court of Appeals for the Third Circuit
Decided April 11, 1958No. 20-1767PublishedCited by 36 opinions
1Opinion of the Court
STALEY, Circuit Judge.
For well over a century it has been the established rule in Pennsylvania that the foreclosure of a prior mortgage divests all subsequent liens on real estate. It is not necessary to join the subordinate lienors in the action nor to give them actual notice. Whether a second mortgage lien held by the United States may be extinguished upon foreclosure of a prior lien in accordance with this accustomed statutory practice of Pennsylvania is the question presented in this appeal.
Daniel K. Cless and Margaret J. Cless, his wife, were owners of real estate in York County,…
2Cases cited6 opinions
- Minnesota v. United StatesSupreme Court of the United States · 1939
- The SirenSupreme Court of the United States · 1869
- United States v. AlabamaSupreme Court of the United States · 1941
- Carr v. United StatesSupreme Court of the United States · 1879
- Christian v. Atlantic & North Carolina RailroadSupreme Court of the United States · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- United States v. BrosnanSupreme Court of the United States · 1960
- Matagorda County v. Russell LawCourt of Appeals for the Fifth Circuit · 1994
- Missouri Pacific Railroad Company v. National Milling Company, IncCourt of Appeals for the Third Circuit · 1969
- Pauline Rust v. Paul Johnson and Nora Johnson, City of Los Angeles v. Paul Johnson, Nora Johnson, and the Secretary of Housing and Urban DevelopmentCourt of Appeals for the Ninth Circuit · 1979
- Local 453, International Union of Electrical, Radio & Machine Workers v. Otis Elevator Co.Court of Appeals for the Second Circuit · 1963
31 more not listed; retrieve them via the Exa API.