Leith v. Metzger

Citations

• 253 Pa. 433
• 98 A. 616
• 1916 Pa. LEXIS 864

Syllabus

<p>Sheriff’s sales — Beal estate — Distribution of proceeds — Mortgage by claimant of title to real estate — Judgment in ejectment against claimant — Invalidity of mortgage.</p> <p>Where a claimant to the title to certain real estate executes a mortgage thereon and it is subsequently determined in an action of ejectment against him that another person was the real owner of the property, such judgment is conclusive that claimant had no title, and where the property is thereafter sold at a sheriffs sale, such mortgage cannot be considered in the distribution of the proceeds thereof.</p>