Brownback v. Ozias

Citations

• 117 Pa. 87
• 11 A. 301
• 1887 Pa. LEXIS 238

Syllabus

<p>A mortgage for $1,000 was executed by Walter in 1829 and in 1855 assigned to Grubb, wbo failed to record the assignment-till 1883. In 1865 the administrators of the mortgagor sold the mortgaged premises, by order of the Orphans’ Court, for the payment of debts, to Hartzel. The mortgage debt was scheduled in the petition, and, in the confirmed account of the administrators, credit was taken for that debt as paid. It seemed, however, that the mortgage was not paid, but by agreement it was to remain upon the land and its amount to be deducted from the purchase money. Hartzel paid interest thereon to Grubb, and in- 1873 conveyed to Wood, subject to the payment “ of a certain mortgage of $1,000 unto George Grubb of the county of Chester.” Wood paid interest to Grubb to 1881, but in 1874 he had conveyed to Mitchell without a charge, taldng a purchase money mortgage; and in 1878, at a sheriff’s sale upon this last mortgage, the premises were sold to Ozias. In a scire facias by Grubb against Walter, mortgagor, and Ozias, terretenant; Held,</p> <p>1. That the charge in the deed of Hartzel to Wood was insufficient to affect Ozias with notice that the Walter mortgage had been kept alive, and was at best but an equitable lien discharged by the sheriff’s sale to Ozias.</p> <p>2. That the Orphans’ Court sale divested the lien of the mortgage in suit, and in the absence, of notice of facts to the contrary, Ozias was a bona fide purchaser for value and entitled to judgment.</p>