Parker v. Rawle

Citations

• 148 Pa. 208
• 23 A. 1041
• 1892 Pa. LEXIS 951

Syllabus

<p>Mortgages — Satisfaction—Payment into court — Act of April 3, 1851, section 14.</p> <p>The act of April 3, 1851, section 14, P. L. 871, contemplates the payment into court by the mortgagor of the full amount claimed by the mortgagee, with interest and all costs to the date of payment, and nothing less will satisfy the requirements of the act.</p> <p>Costs — Prothonotary'sfees and percentage.</p> <p>Costs incurred in determining the question at issue between the parties, for example, the expenses of an audit, should be imposed upon the unsuccessful party; but for payment of the costs which the law required the plaintiff to pay in order to entitle himself to the benefits of the act of assembly, the* act nowhere makes the mortgagee liable.</p> <p>Where a mortgagor paid into court the amount claimed by the mortgagee, with interest and costs, the question in dispute being the liability for a paving claim filed against the property, and this question was referred to an auditor and decided in favor of petitioner, while the expenses of the audit were imposed upon the mortgagee, it was held that the prothonotary’s fees and percentage must be paid by the mortgagor.</p>