Jackson v. Pittsburg

Citations

• 36 Pa. Super. 274
• 1908 Pa. Super. LEXIS 149

Syllabus

<p>Road law — Notice of street opening proceedings — Mortgage—Payment of damages to owner — Eminent domain.</p> <p>Where a city condemns a street through land covered by a mortgage, in proceedings under the Act of May 16, 1891, P. L. 76, and damages are paid to the owner without objection by the mortgagee, and thereafter the land is sold by the sheriff m foreclosure proceedings, and the mortgage paid in full, the purchaser at the sheriff's sale has no standing to enjoin the city from proceeding with the physical opening of the street on the ground that personal notice of the street opening proceedings had not been given to the mortgagee.</p> <p>In such a case the purchaser at the sheriff’s sale acquired the title of the defendant in the execution, and no more; a part of the land under the sovereign power of the state having been previously appropriated for public purposes. Even if the purchaser possesses the rights of the mortgagee he stands in no better position than the mortgagee, and as the latter was paid in full, and is not complaining, the purchaser has no standing to complain of the lack of notice.</p> <p>In proceedings under the Act of May 16, 1891, P. L. 75, a mortgagee is not entitled to receive actual notice, or be made a party to the proceedings, since the mortgagee is not the owner of the land.</p> <p>When land is taken for public use it is not the record title that is acquired, nor is it any person’s title, but the land itself, irrespective of record or other ownership.</p> <p>A mortgage executed after the passage of the law of May 16, 1891, P. L. 75, relating to the opening of streets is subject to that act, inasmuch as all the laws of the state existing at the time a mortgage was made which affect the rights of the party to the mortgage, enter into and become a part of it and are obligatory upon all courts which assume to give a remedy on such a contract.</p>