McAllister v. McGibbeny

Citations

• 60 Pa. Super. 582
• 1915 Pa. Super. LEXIS 249

Syllabus

<p>' Contract — Mortgage — Mechanics’ liens — Deed — Trusts and ■ trustees.</p> <p>Where a mortgagee in a mortgage covering several houses in a building operation with priority over mechanic’s lien claimants, by writing, extends the time of payment of his mortgage for two years, and the owner at the same time conveys the property to a trustee for the mechanic’s lien claimants who execute waivers and releases of their rights to file liens, and subsequently such-trustee with full authority from his principals executes a writing by which he agrees after .the payment of certain interest, taxes,- repairs and expenses, out of rents, to pay the mortgagee on account of interest on his mortgage, such writing does not create a trust relation between the parties to it, but merely gives to the mortgagee a preference over the mechanic’s lien claimants to the extent of the interest on his mortgage.</p>