Woods Run Avenue

Citations

• 43 Pa. Super. 475
• 1910 Pa. Super. LEXIS 75

Syllabus

<p>Road law — Damages—Right of mortgagee — Assignment of award.</p> <p>1. An owner of land at a time the land is taken for public use is the person entitled to the damages awarded for such taking; but where the land is subject to the lien of a mortgage, the court having jurisdiction of the subject will guard the rights of the lien creditors.</p> <p>2. While the award is in the name of the owner, however, he becomes a trustee for the mortgage creditor, and until there has been an actual payment of the damages assessed to the owner, by the municipality, the mortgage creditor has standing to intervene and claim the fund to the extent necessary to satisfy his lien; and he may maintain this right against an assignee of the award although the latter paid a valuable consideration for the assignment, and took it without actual knowledge of the mortgage.</p>