Kinports v. Boynton

Citations

• 120 Pa. 306
• 14 A. 135
• 1888 Pa. LEXIS 486

Syllabus

<p>1. The lien of a judgment entered against the vendor of lands, holding the legal title as security for unpaid purchase money, will bind the estate of the vendor so long as the contract remains unexecuted and to the extent it is unexecuted.</p> <p>2. An assignment by the vendor of the unpaid purchase money, with all his interest and legal estate in the land, as collateral security merely, is a valid mortgage thereof without regard to its form, but if unrecorded it is ineffective to the extent of the vendor’s interest against a subsequent judgment creditor without notice.</p> <p>3. In a scire facias to revive a judgment entered against such vendor after such an assignment, it is competent for the plaintiff to show, as against the assignee, that the debt represented by the judgment was prior in point of time to the assignment.</p>