Bingaman v. McCandless

Citations

• 55 Pa. Super. 155
• 1913 Pa. Super. LEXIS 333

Syllabus

<p>Partition — Mortgage—Judgments—Priority of liens — Shifting of liens —Purparts—Subrogation.'</p> <p>1. Where two brothers become by descent equal owners in common of certain real estate, and thereafter judgments are entered against one of the brothers, and subsequently the two brothers acquire by purchase equal undivided interests in another piece of real estate, and afterwards the brother who had the judgments against him, mortgages his undivided interest in the second piece of real estate, and after this mortgage was created the two properties are divided in partition proceedings into two purparts of exactly equal value, and the purpart allotted to the brother who was judgment debtor and mortgagor consisted entirely of a portion of the first piece of real estate, the lien of the mortgage is discharged from the second piece of real estate allotted to the other brother; but it does not follow that the lien of the mortgage in following the title of the mortgagor and in becoming seated on the purpart which he had acquired in severalty gave it precedence over the judgment creditors having liens upon that purpart.</p> <p>2. In such a case the mortgage creditor cannot successfully invoke the doctrine of subrogation, nor can he work out his claim through some enlargement of the principle which controls where owelty money is due to the cotenant who created the incumbrance.</p> <p>3. There is no line of separation or division running through a purpart by which it can be divided to apportion liens.</p>