Whitehead v. Purnell

Philadelphia County Court of Common Pleas

Whitehead v. Purnell

2 Miles 434

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedDecember 12, 1840

StatusPublished

Cited by1 cases

This text of 2 Miles 434 (Whitehead v. Purnell) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whitehead v. Purnell, 2 Miles 434 (Pa. Super. Ct. 1840).

Pincite

Opinion

Per Curiam.—

The question here really is, whether a sale under a younger mortgage destroys a prior lien by judgment, although that judgment is entered on a bond accompanying an elder mortgage. Had there been no judgment, the lien of the mortgage would have remained; it would not have been paid out of the proceeds, and the purchaser would have taken the property subject to it, under the act of 6th April, 1830. (Stroud’s Purd. tit Execution.) The argument that the entry of the judgment on the bond does not alter the case, is not tenable.

Rule discharged.

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Per Curiam.—

The question here really is, whether a sale under a younger mortgage destroys a prior lien by judgment, although that judgment is entered on a bond accompanying an elder mortgage. Had there been no judgment, the lien of the mortgage would have remained; it would not have been paid out of the proceeds, and the purchaser would have taken the property subject to it, under the act of 6th April, 1830. (Stroud’s Purd. tit Execution.) The argument that the entry of the judgment on the bond does not alter the case, is not tenable.

Rule discharged.

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Bluebook (online)

2 Miles 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehead-v-purnell-pactcomplphilad-1840.

Opinion

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