Horner v. Scott

Citations

• 242 Pa. 432
• 89 A. 555

Syllabus

<p>Mortgages — Priority—B'h -¿riff’s sale — Divestiture of lien.</p> <p>In a suit to foreclose n mortgage alleged to be a lien, upon land sold to defendant at sheriffs sale, it appeared that plaintiffs mortgage had been a first, lien on the land on which were two later mortgages, one for $800 snd the other for $200, which were held by a building association; that plaintiff had given a release to the building association whereby plaintiff’s mortgage was postponed to the mortgage for $200; that thereafter the land was sold under foreclosure proceedings at sheriff’s sale under the mortgage for $800. Held, the lien of the mortgage for $200 was necessarily divested by the sale, and the lien of plaintiff’s mortgage, which had become by virtue of the release subsequent thereto, was consequently also divested, and a verdict and judgment for defendant was sustained.</p>