Fidelity v. Dietz

Citations

• 132 Pa. 36
• 18 A. 1090
• 1890 Pa. LEXIS 764

Syllabus

<p>1. Though a life-tenant of real estate, subject to a mortgage of the fee, simple suffers the interest to remain unpaid, whereupon the mortgage is foreclosed, there is nothing in his default which will prevent him from becoming a purchaser of the fee at a sale upon the mortgage judgment, or will affect the title of his own mortgagee.</p> <p>2. The mortgage merged in the judgment upon which the premises were sold, and the life-tenant, notwithstanding his default, had a right to purchase at the mortgage sale, and to hold the premises for such estate as they were sold, “ discharged from all equity and benefit of redemption: ” Section 6, act of 1705, 1 Sm. L. 59.</p>