Appeals of Oberholtzer

Citations

• 124 Pa. 583
• 17 A. 143
• 1889 Pa. LEXIS 1063

Syllabus

<p>1. A mortgage recorded in only one of two adjoining counties, but embrae ■ ing a tract of land forming one farm lying in both, is not a lien upon tlie land lying in the county where it is not recorded, except as to the mortgagor and others who have actual notice of its existence.</p> <p>2. Constructive notice arising from the record of the mortgage results only from the fact that it is recorded in the county whore the land lies, and will not arise from a note in the mortgage index that a part of the mortgaged lands lies in an adjoining county where the mortgage is not recorded.</p> <p>3. Where a tract of land composing one farm lying in two counties is subject to liens of record in each, and is sold discharged of liens by an assignee for the benefit of creditors, the proceeds of the land in each county are to be distributed to the liens of that jurisdiction at the average price per acre at which the entire tract is sold.</p>