Appeal of Robeson
Citations
- 117 Pa. 628
- 12 A. 51
- 1888 Pa. LEXIS 449
Syllabus
<p>1. An encumbrancer having a lien upon but one of two funds has an equity to require a senior encumbrancer having a lien upon both, to exhaust the other of said sources first; and this equity may exist not only as against the debtor and the senior encumbrancer, but also against a mortgagee holding a junior lien upon the second fund alone.</p> <p>2. The owner of a tract of land gave a judgment to A. and then a mortgage to B. The debtor 'subsequently acquiring another tract, A. by a revival of his judgment obtained a first lien on that tract, and the debt- or then mortgaged this second tract to C. Upon a distribution of the proceeds of both tracts : Held, that C. having had record notice of the other liens, B. under his superior equity could require that the proceeds of the second tract should be- applied to A.’s judgment in relief of his own lien upon the first. Hoff’s App., 84 Pa. 42, distinguished.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that an employees violation of law must be shown to be the proximate cause of his death to bar recovery
- death benefits paid to estate of employee involved in fatal accident while operating company vehicle under influence of alcohol because evidence showed that employee would have struck pedestrian had he swerved to avoid collision
- death benefits paid to estate of employee involved in fatal accident while operating company vehicle under influence of alcohol because evidence showed that employee would have struck pedestrian had he swerved to avoid collision
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Gordon, Green, Mercur, Paxson, Snp, Sterrett, Trunkey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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