Commonwealth Title Insurance & Trust Co. v. Ellis
Supreme Court of Pennsylvania
Appeal, No. 87, Jan. T., 1899, by H. Victoria Ellis, from order of C. P. No. 2, Phila. Co., Dee. T., 1893, No. 595, dismissing exceptions to auditor’s report. Exceptions to auditor’s report.
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Appeal, No. 87, Jan. T., 1899, by H. Victoria Ellis, from order of C. P. No. 2, Phila. Co., Dee. T., 1893, No. 595, dismissing exceptions to auditor’s report. Exceptions to auditor’s report. The facts appear by the opinion of Sultzberger, J., which was as follows : When this case was before us on the first report of the auditor, the facts did not in all respects tally with those found in his second report, and some of the questions arising on the exceptions to the latter are, therefore, new. As the matter stands now, it appears that on March 21, 1892, Amos Ellis acquired an equitable estate…
1Opinion of the Court
Opinión by
Mr. Justice Green,
We agree entirely with, the learned court below in holding that the mortgage of the plaintiff in this case was a purchase money mortgage, under the evidence, and was entitled to priority in the distribution. The delivery of the deed to the mortgagor and of the mortgage to the mortgagee were concurrent and simultaneous acts, and the money for which the mortgage was given was in actual fact a part of the purchase money paid for the property, at the very time of the delivery of the deed. In both the cases, Cohen’s Appeal, 10 W. N. C. 544, and Albright v. The…
2Cases cited3 opinions
- Grandin v. Rochester German InsuranceSupreme Court of Pennsylvania · 1884
- Albright v. Lafayette Building & Savings Ass'nSupreme Court of Pennsylvania · 1883
- Morris v. RossSupreme Court of Pennsylvania · 1898
3Cited by18 opinions
- General Casmir Pulaski Building & Loan Ass'n v. Provident Trust Co.Supreme Court of Pennsylvania · 1940
- People v. VaughnCalifornia Court of Appeal · 1961
- Baldwin Locomotive Works v. Edward Hines Lumber Co.Indiana Supreme Court · 1919
- McReynolds v. Mortgage & Acceptance Corp.Court of Appeals for the D.C. Circuit · 1926
- G. R. Sponaugle & Sons, Inc. v. McKnight Construction Co.Superior Court of Delaware · 1973
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