Young Bros. & Co. ex rel. Jenkins v. Coray

Citations

• 167 Pa. 617
• 31 A. 856
• 1895 Pa. LEXIS 958

Syllabus

<p>Mortgage — Release—Evidence.</p> <p>An owner of land subject to the lien of a mortgage and judgments junior to the mortgage, divided it into building lots and procured his judgment creditors to execute a letter giving an attorney power to release the lien of the judgments from any lot which might be sold on condition that the purchase money should bo applied to the mortgage. L. bought one of the lots, but nothing was ever entered of record to show that the lien of the judgment on the lot had been released. On a scire facias to revive the judgment L. claimed that his lot had been released from the lien of the judgment. On conflicting evidence the referee found as a fact that “ as to the lot sold to and in possession of L., the lien of said judgment was either actually released by a paper not filed, and now lost or mislaid, or there was an agreement that said lien should be released,” and, as a conclusion of law, that judgment should be entered in favor of L. The referee’s report was confirmed, and judgment entered for L. On appeal to the Supreme Court, held that the judgment should be affirmed.</p>