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· 7/28/1899

In re Assignment of Speer

Citations

  • 10 Pa. Super. 518
  • 1899 Pa. Super. LEXIS 310

Syllabus

<p>Leasehold mortgages — Requisites as to recording lease and assignment.</p> <p>Leasehold mortgages are wholly dependent on the acts of assembly for their validity as liens and unless there is a substantial compliance with their requirements the mortgagee acquires no right as a lien creditor.</p> <p>The requirements, however, of the Act of May 13, 1876, P. L. 160, as to recording of leasehold mortgages, are substantially complied with when the lease and an assignment thereof are recorded and when the mortgage gives reference to each record and recites, in full, an unrecorded assignment from the first assignee to the mortgagor.</p> <p>The question whether the several assignments by which the mortgagor secures title must be recorded, under the acts of assembly, to give title to a mortgagee, not decided.</p>

Judges: Beater, Beaver, Beeber, Orlady, Porter, Rice

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