Patterson v. Harlan

Citations

• 124 Pa. 67
• 16 A. 496
• 1889 Pa. LEXIS 1005

Syllabus

<p>1. If, in a conveyance or mortgage of a lot, it is described as bounded upon a street laid down upon a municipal plan but unopened, the street becomes appurtenant to the lot, and, as between the grantor and grantee, the mortgagor and mortgagee, title to the soil to the middle of the street passes.</p> <p>(a) A deed conveyed lots described as bounded on certain streets laid out upon the municipal plan but unopened, and contained the clause: “ Together, as respects each of the said lots,.....with its full proportion of the street or streets, avenue or avenues, on which it is situated.”</p> <p>(b) The grantee mortgaged the lots, describing them in the mortgage as bounded on said streets but not including in the description the clause above quoted from the deed, and afterward the lots wore sold under the mortgage and a deed made to the purchaser.</p> <p>(c) The sale upon the mortgage foreclosure did not satisfy the bond secured by the mortgage, and, upon a judgment obtained for the balanee due upon the bond, the interest of the mortgagor in the soil to the middle of the streets was sold at sheriff’s sale.</p> <p>2. In such case, the omission from the mortgage of the clause quoted from the deed was immaterial, and the purchaser at sheriff’s sale under the mortgage foreclosure took the title of the mortgagor to the soil of the streets passing to him under the original deed.</p>