Mutual Guarantee Building & Loan Ass'n v. Wilcox

Citations

• 273 Pa. 385
• 117 A. 89
• 1922 Pa. LEXIS 583

Syllabus

<p>Landlord and tenant — Lease for life — Recording acts — Mortgage —Sale under mortgage — Rights of lessee — Terre-tenant—Proceedings for possession by purchaser at sheriff’s sale — Acts of May 19, 1898, P. L. 108, and April 20,1905, P. L. 289.</p> <p>1. Where a husband and wife convey land to a son in fee, and the latter, thereafter, executes a lease to his father and mother of the land for and during their natural lives, and during the natural life of the survivor of them, and at the decease of both, the tenancy created to wholly cease and determine, the leasehold is a mere chattel, and does not come within the recording Act of May 19, 1893, P. L. 108.</p> <p>2. If the son creates a mortgage on the land and such mortgage is foreclosed, and the mother, surviving the father, is made a terretenant in the scire facias proceedings, she may ignore such proceedings, inasmuch as she is not in fact a terre-tenant, and will not be bound by them or by a sheriff’s sale of the land in pursuance of the same.</p> <p>3. In such case the purchaser at the sheriff’s sale takes title subject to the outstanding lease.</p> <p>4. The mother’s rights as lessee may be asserted in proceedings under the Act of April 20,1905, P. L, 239, against her by the purchaser at sheriff’s sale to dispossess her, just as she might assert them if an ejectment had been brought against her.</p>