Foster's Appeal
Supreme Court of Pennsylvania
June 1. This was an appeal by John Foster from the decree of the Court of Common Pleas of Centre county, distributing the proceeds of sale of the real estate of Ephraim Hockman, in the hands of the sheriff. The facts in this case are so fully and clearly presented in the opinion of this court, delivered by his honour, Judge Burnside, that a statement of them here is deemed superfluous.
Read the full summary
June 1. This was an appeal by John Foster from the decree of the Court of Common Pleas of Centre county, distributing the proceeds of sale of the real estate of Ephraim Hockman, in the hands of the sheriff. The facts in this case are so fully and clearly presented in the opinion of this court, delivered by his honour, Judge Burnside, that a statement of them here is deemed superfluous. The question here was, whether, under the facts, the mortgagee or judgment creditor was legally 'entitled to a priority of payment in the distribution of the proceeds of sale of the house and lot of Ephraim…
1Opinion of the CourtBurnside, J.
The act of the 28th of March, 1820, *807 Smith’s Laws, 303, Purdon, 6th edition, 281, provides that all mortgages shall have priority according to the date of recording the same, without regard to the time of making. No mortgage is a lien until recorded, or left for record, except that mortgages given for the purchase money of land may be recorded within sixty days.
In the case before us, on the 4th day of December, 1838, John Ruth, by his agent, Philip Reitzel, sold a house and lot in Rebersburg, to Hockman, who was to pay Reitzel, on or before the 1st of April, $325, when possession and a good…
2Cases cited4 opinions
- Love v. JonesSupreme Court of Pennsylvania · 1835
- Pugh v. GoodSupreme Court of Pennsylvania · 1841
- Richter v. SelinSupreme Court of Pennsylvania · 1822
- Episcopal Academy v. FriezeSupreme Court of Pennsylvania · 1833
3Cited by6 opinions
- Lefever v. ArmstrongSuperior Court of Pennsylvania · 1901
- Case's Petition, Pennsylvania Court of Common Pleas, Bradford County1936
- Citimortgage Inc. v. Bethlehem Area School District, Pennsylvania Court of Common Pleas, Northampton County2015
- DeShong v. Cody, Pennsylvania Court of Common Pleas, Alleghany County1964
- In re PritchardDistrict Court, M.D. Pennsylvania · 1912
1 more not listed; retrieve them via the Exa API.