Koubek v. Tenos

Opinion by

Me. Justice Linn,

This is a proceeding for possession of real estate, under the Act of April 20,1905, P. L. 239,12 PS section 2571 et seq., brought by the purchaser at foreclosure sale. A verdict for the petitioner was directed. This appeal comes from judgment on the verdict.

The appellant, Teños, based his right to retain possession on (1) a claim of ownership of an undivided half interest by an unrecorded agreement with the mortgagor antedating the mortgage; (2) possession at and prior to the execution of the mortgage; and (3) express notice to the mortgagee, before taking the…