Lefever v. Armstrong

Citations

• 15 Pa. Super. 565
• 1901 Pa. Super. LEXIS 390

Syllabus

<p>Lease — Leasehold estate — Chattel—Judgment—Lien—Execution.</p> <p>The interest of the owner of a leasehold, while it is an interest in land, is a chattel real in possession, and is not subject to the lien of a judgment, but is subject to levy and sale under a fieri facias.</p> <p>When an execution on a judgment against a lessee comes to the hands of a sheriff, it becomes a lien on whatever interest, legal or equitable, the lessee has in the leasehold estate, and a sale by the sheriff conveys to the purchaser all of the title of the lessee as of the time of the levy. No subsequent act of the lessee, or of an assignee or mortgagee of the leasehold claiming under the lessee, can enlarge or diminish the title as it stood at that time.</p> <p>Leasehold estate — Mortgage—Recording acts — Mining leasehold.</p> <p>A mining lease from the owner of the fee, and the assignment of an interest therein, are recordable instruments under the acts of assembly, and the leasehold is, under the Act of April 27, 1855, P. L. 368, subject to mortgage.</p> <p>Mortgage — Unrecorded mortgage — Notice.</p> <p>An unrecorded mortgage is good against the mortgagor or a judgment creditor with notice before the debt is contracted ; but where the debt of the judgment creditor antedates the debt secured by the mortgage, and the judgment creditor has no notice of the mortgage at the time he issues his execution, and the mortgage is, in fact, not recorded until after the execution is issued, although before the sheriff’s sale, the execution creditor will take in preference to the mortgagee; and a notice given at the time of the sheriff’s sale will not be sufficient to divest the lien of the fieri facias which had attached before the mortgage had been recorded,</p> <p>Leasehold mortgages are wholly dependent on the recording acts for their validity as liens, and there must be a compliance with their provisions to entitle the mortgagee to displace an execution creditor.</p>