Assigned Estate of Love

Citations

• 4 Pa. Super. 556
• 1897 Pa. Super. LEXIS 161

Syllabus

<p>Assignee's sale — Effect of lien creditor's agreement — Discharge of his lien — Junior judgments.</p> <p>It is a maxim that anyone may renounce the benefit of a privilege provided for himself.</p> <p>A mortgage creditor whose mortgage is a lien prior to all others, except another mortgage, under an agreement with the assignee for creditors and a verbal notice given at the hour of the assignee’s sale made under the order of court founded on the Act of February 17, 1876, P. L. 4, can agree that the lien of his mortgage shall be divested by the sale so that he may participate in the distribution of the fund realized from the sale to the exclusion of a subsequent judgment creditor who was present at the sale, heard the notice, made no protest at the time, participated in the sale as a bidder, and filed no exceptions to the return of sale made by the assignee.</p> <p>What effect such sale would have upon the rights of judgment creditors, whose liens were divested thereby and who were not present and had no knowledge of the verbal notice given thereat, not considered.</p>