Wheelock v. Harding

Citations

• 4 Pa. Super. 21
• 1897 Pa. Super. LEXIS 76

Syllabus

<p>Liens — Priority of — Mortgage—Mechanic's lien — Parol evidence.</p> <p>Where at the time a mortgage was recorded the record disclosed no prior lien against the premises, parol evidence is inadmissible to show that the materials were furnished prior to the date of the mortgage for which a mechanic’s lien was filed of a date subsequent to the mortgage. The date of the filing the lien is conclusive, and a purchaser at sheriff’s sale was not bound to look beyond the record: Reading v. Hopson, 90 Pa. 494, followed.</p> <p>Practice, O. P. — Mortgage—Judgment in short form, when valid.</p> <p>A judgment entered generally in short form against the terre-tenant who had been summoned in a scire facias is valid, and will sustain a levari facias where the scire facias was regularly issued and the land bound by tlie mortgage fully described therein, there being in the scire facias the materials out of which the judgment can be entered at length : Coyle v. Reynolds, 7 S. & R. 328, followed; Wilson v. McCullough, 19 Pa. 77, distinguished.</p> <p>Mortgage — Neglect of prothonoiary to notify recorder of sci. fa. — Title of sheriff's vendee.</p> <p>The neglect of a prothonotary to furnish the recorder with the certificate of the issuing of a scire facias upon a mortgage for entry on the record of the mortgage, as provided by the Act of April 3, 1860, P. L. 630, does not affect the title acquired by the sheriff’s vendee under a sale on the judgment entered on the scire facias.</p> <p>Deed — Time of delivery — Parol evidence.</p> <p>The face of a deed cannot show the time of its delivery; if it becomes essential to prove such time of delivery it can only be done by parol evidence which is therefore admissible.</p>