Home v. Startzell

Citations

• 235 Pa. 110
• 83 A. 584
• 1912 Pa. LEXIS 508

Syllabus

<p>Mortgage — Bond and warrant — Judgment—Affidavit of ownership — Act of April 28, 1908, P. L. 261.</p> <p>1. Where a judgment is entered on a warrant of attorney accompanying a bond and mortgage after the mortgagor has parted with his title to the real estate, it is not necessary in issuing execution on the judgment to file an affidavit of ownership as provided by the Act of April 23, 1903, P. L. 261. The writ of execution in such a ease is not a writ within the intendment of the act, inasmuch as it is the entry of the judgment and not the execution which charges the land with the mortgage debt.</p> <p>2. A judgment entered upon a bond and warrant of attorney accompanying a mortgage creates a lien upon the mortgaged premises, no matter who may be the owner of them at the time of the entry of the judgment. The lien of such judgment relates back to the day the mortgage was recorded, and a sale upon it discharges the lien of the mortgage.</p>