Dollar Savings Bank v. Duff

Citations

• 269 Pa. 29
• 112 A. 23
• 1920 Pa. LEXIS 751

Syllabus

<p>Mortgage — Assignment—Notice of lease — Inquiry—Knowledge —Subrogation—Payment of money into court.</p> <p>Where an owner of land, subject to a mortgage, executes a lease of the mineral under the land, and after the lessee has been in open, notorious and undisputed possession of the leasehold for many years, of such character as to give notice to all the world, the mortgage is foreclosed and a levari facias issued for the ¡sale of the land, the lessee is entitled, on the refusal of the assignee of the mortgage to accept the debt, interest and costs, and after demand for a larger and exorbitant sum, to pay the money into court, and be subrogated to the mortgagee’s rights.</p>