Appeal of Hilton

Citations

• 116 Pa. 351
• 9 A. 342
• 19 Week. No. 429
• 34 Pitts L.J. 419
• 1887 Pa. LEXIS 465

Syllabus

<p>The eighth section of the Act of April 27, 1855, P. L. 369, declares it “ to be lawful for every lessee for term of years of any colliery, mining land, manufactory, or other premises, to mortgage his or her lease or term in the demised premises,” etc.: Held,</p> <p>1. That in view of the remedial purpose of the statute and the general expressions contained in the subsequent acts of April 3, 1868, P. L. 57, and May 13, 1876, P. L. 160, the words “or other premises ” are not to be restricted to leaseholds of like nature as colliery, mining or manufacturing leaseholds.</p> <p>2. That a leasehold interest in a city lot for a term of years, the lessee paying a yearly rent and taxes and required to erect a building thereon, was within the operation of said act.</p> <p>3. That under the said acts, on the failure of a mortagee of a leasehold, either to record the lease with his mortgage or to cause full and distinct reference to be made in the mortgage to the book and page where the lease is then recorded, the mortgage is without lien.</p>