Pratt v. Waterhouse
Citations
- 158 Pa. 45
- 27 A. 855
- 1893 Pa. LEXIS 1538
Syllabus
<p>Execution — Equity—Mortgage—Release of timber.</p> <p>The owner of a second mortgage who has released the timber on the land from the lien of his mortgage, and then taken an assignment of a judgment on the first mortgage, will not be permitted to issue an execution on the judgment and sell both the land and timber. In such a case the court will confine the execution to the land alone in the first place, and will only order a sale of the timber if the proceeds of the sale of the land are insufficient to satisfy the first mortgage.</p> <p>A vendee of the timber is not limited to a proceeding under the act of April 22,1856, § 9, P. L. 534; nor is the plaintiff in the execution entitled to have a tender of his whole debt as an alternative to the court’s control of Ms execution.</p>
Judges: Dean, Green, McCollum, Mitchell, Sterrett, Thompson, Williams
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3 cases in this archive cite this case.
Cites
8 cases in this archive are cited by this case.
- Church v. RulandSupreme Court of Pennsylvania· 1870-03-24· cited 26×
- Aycinena v. PeriesSupreme Court of Pennsylvania· 1843-12-15· cited 16×
- Church v. MooreSupreme Court of Pennsylvania· 1849-04-26· cited 10×
- Phelps's AppealSupreme Court of Pennsylvania· 1881-10-24· cited 8×
- Arna's AppealSupreme Court of Pennsylvania· 1870-02-26· cited 7×
- Milligan's AppealSupreme Court of Pennsylvania· 1883-11-03· cited 6×
- Biddle v. MooreSupreme Court of Pennsylvania· 1846-06-19· cited 4×
- Martin's AppealSupreme Court of Pennsylvania· 1881-01-13· cited 2×
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