23 Sept. 1783 § 3. 2 Sm. 80. Mortgages made 1776 and 18 June 132. All mortgages and defeasible deeds in nature of mortgages, of any lands, tenements or hereditaments within this commonwealth, made and executed at any time or times between the first day of January 1776 and the 18th day of June between 1 January 1778, which hath or have, at any time or times since the date or dates thereof, been acknowledged or proved and recorded, or which shall, within six months 1778, to be valid, if recorded within six from and after the passing of this act, be acknowledged or proved, and recorded in months of 23 Sep- the manner directed by the act (of 28th May 1715), shall be as good and effectual in law, to all intents and purposes (except as hereinafter is provided), as if the same had been acknowledged or proved and recorded within the time limited in and by the said act. tember 1783. Ibid. § 4. Saving the rights of intermediate purchasers and incumbrancers. 28 March 1820 § 1. 7 Sm. 303. To have priority according to date of record. To be numbered and indorsed. Not be a lien unless recorded. Except mortgages for purchasemoney. 6 April 1876 § 1. P. L. 1S. Assignments of mortgages to be noted in the margin. Fees. 7 March 1873 § 1. P. L. 222. How mortgages be indexed in Lehigh county. Fees. 5 June 1881 § 1. P. L. 69. to 133. Provided, That nothing in this act contained shall extend to or be deemed or construed to operate against any subsequent judgment, statute, recognizance, attainder, forfeiture or lien whatsoever, or against any subsequent, bonâ fide mortgagee, or mortgagees, purchaser or purchasers of any estates, lands, tenements or hereditaments mentioned or contained in any such prior deed or mortgage, or defeasible deed in nature of a mortgage; who shall have taken such subsequent mortgage, or made such subsequent purchase, before such prior mortgage, or defeasible deed in nature of a mortgage, was or shall be acknowledged or proved, and recorded agreeably to the directions of this act. 134. All mortgages, or defeasible deeds in the nature of mortgages, made or to be made or executed for any lands, tenements or hereditaments within this commonwealth, shall have priority according to the date of recording the same, without regard to the time of making or executing such deeds; (c) and it shall be the duty of the recorder to indorse the time upon the mortgages or defeasible deeds when left for record, and to number the same according to the time when they are left for record, and if two or more left upon the same day, they shall have priority according to the time they are left at the office for record; and no mortgage or defeasible deed in the nature of a mortgage, shall be a lien, (d) until such mortgage or defeasible deed shall have been recorded, or left for record as aforesaid:(e) Provided, That no mortgage given for the purchase-money of the land so mortgaged, shall be affected by the passage of this act, if the same be recorded within sixty days from the execution thereof.(g) 135. It shall be the duty of the recorders of deeds of the several counties of this commonwealth, to enter upon the margin of the record of any mortgages, the book and page wherein any assignment or assignments of the same are recorded, together with the date of such assignment; for which service the recorders aforesaid shall charge and be entitled to receive the sum of ten cents for every assignment entered upon the margin of the original record of the mortgage. 136. It shall be the duty of the recorder of deeds of the county of Lehigh, to note on the margin of the grantors' index of mortgages recorded, a brief abstract of the dates of execution and of entry of the real debt secured, when the same becomes due, of the city, borough or township where the mortgaged premises are located, the contents thereof, and the street or one or more of the adjoining owners of lands whereon such premises abut (in all cases using figures where the same are practicable), for which service said recorder shall receive twenty-five cents on each mortgage in addition to the fees now allowed. 137. Whenever any corporation may have sold, let or mortgaged, or may hereafter sell, let or mortgage, any of its corporate property, real or personal, or its Copy of minutes of franchises, a copy of the minutes of any meeting of the stockholders or directors of such corporation, authorizing or directing any such sale, letting or mortgaging, proven by oath or affirmation of the secretary, or other proper custodian of such dence of authority minutes, to be a full and true copy of the minutes of such meeting, so far as corporation to be prima facie evi to mortgage, &c. such case, notice to the purchaser supplies the place An un (b) See infra 134. Where a mortgage and subsequent deed are made by the same grantor, to different persons, neither of which is recorded within six months, if the mortgage be first recorded, it will take priority, notwithstanding possession may have accompanied the title. Souder v. Morrow, 33 P. S. 83. Where a mortgage is recorded after six months from the date of its execution, but such recording is prior in date to the recording of a deed, such mortgage has priority; and this, though such deed was recorded within six months from the date of its execution. Fries v. Null, 158 P. S. 15. (c) The lien of a mortgage dates from the entry of its being left for record, without regard to any delay in recording or indexing it. Woods's Appeal, 82 P. S. 116. See supra 4. (d) With the exception of mortgages for purchasemoney, no mortgage, since this act, is a lien, until left for record. Foster's Appeal, 3 P. S. 79. If not recorded in the lifetime of the mortgagor, it is to be regarded merely as a specialty debt. Adams's Appeal, 1 P. & W. 447. Nice's Appeal, 54 P. S. 200. (e) There is no priority between a mortgage and judgment entered on the same day; they take pro rata. Claason's Appeal, 22 P. S. 359. Hendrickson's Appeal, 24 Ibid. 363. Magaw v. Garrett, 25 Ibid. 319. (4) A mortgage for purchase-money has priority of lien over a judgment obtained against the vendee, after the purchase, but before the execution of the conveyance. Cake's Appeal, 23 P. S. 186. City Bank's Appeal, 91 Ibid. 163. The lien of such mortgage is not lost by want of notice of it in the deed conveying the property. Eldridge v. Christy, 4 Phila. 102. So, a mortgage for purchase-money, though not recorded within sixty days, has priority over subsequent judgments, if the creditors had actual notice of its existence. Britton's Appeal, 45 P. S. 172. As to what is deemed a purchase-money mortgage, see Dungan v. American Life Insurance and Trust Co., 52 P. S. 253. P. L. 69. relates to any such sale, letting or mortgaging, shall be primâ facie evidence of 5 June 1881 § 1. the matters therein set forth, in any case in which the original minutes, if duly proven, would be evidence in any judicial proceedings, relating to such property To be recorded. or franchises; and such copy, so probated before any officer authorized to take probate or acknowledgment of deeds for the purpose of record in this commonwealth, may be recorded in the office for recording deeds, in the proper county, in like manner, and with like effect, as other instruments of writing, relating to real estate in such county, may be recorded. Ibid. § 2. Probate after dis 138. Whenever any such corporation, after having sold, let or mortgaged any estate, real or personal, or franchises, may have been, or may hereafter be, dissolved in pursuance of law, such probate may be made by the secretary who kept or solution. recorded such minutes, or by any other ex-officer of such dissolved corporation having the actual custody of said original minutes, and the averment of such facts in the probate shall be primâ facie evidence thereof. Ibid. § 3. 139. In case of any duly authorized sale, letting or mortgaging by a corporation, the same shall not be invalidated by any informality in the execution or acknowledgment of any conveyance, mortgage or other instrument by any officer Informality not to of such corporation for carrying the same into effect: Provided, That no defect in substance shall be deemed to be cured hereby. (3.) Of the lien on mortgages. vitiate. P. L. 293. 140. Where the lien of a mortgage upon real estate is or shall be prior to all 6 April 1880 $ 1. other liens (h) upon the same property, except other mortgages, ground-rents, and the purchase-money due to the commonwealth, the lien of such mortgage(i) shall Lien of certain not be destroyed, or in any way affected(k) by any sale made by virtue or authorwrit of venditioni exponas. (1) ity of any 141. No sale made by virtue or authority of any writ of levari facias issued upon a judgment in a suit upon a mortgage, shall destroy or in any way affect the prior lien of any other such mortgage as aforesaid. mortgages not to be affected by sale under vend. exp. Ibid. § 2. Or levari facias. P. L. 190. 142. No lien created by virtue of the act of assembly, passed the 3d day of Feb. 11 April 1835 § 2. ruary 1824, (m) entitled "An act relating to taxes on certain real estate in the city of Philadelphia," shall be construed to be within the meaning of the act of assembly Prior lien of taxes, of April 6th, 1830, entitled "A supplement to an act, entitled An act for taking & notortgages lands in execution for the payment of debts,' passed in 1705." 143. The provisions contained in the 1st section of the act to which this is a supplement, shall extend, and shall always be deemed and taken to extend, to all cases of sales made by virtue or authority of any writ of execution.(n) (h) A pecuniary legacy charged on the land is such prior lien. Tower's Appropriation, 9 W. & S. 103. Lombaert's Appeal, 99 P. S. 580. Woods v. White, 97 Ibid. 222. Rupp's Appeal, 100 Ibid. 531. But not rent due on a coal-lease, so as to protect a mortgage of the leasehold. Miners' Bank v. Heilner, 47 P. S. 452. The lien of a mortgage is prior to that of a tax subsequently assessed, except when otherwise provided by statute. Dean's Estate, 3 Luz. L. Reg. 113. A purchaser at sheriff's sale is not bound to look beyond the record; and the payment of a prior lien, not satisfied of record, will not protect a subsequent mortgage from being discharged by the sale. Magaw v. Garrett, 25 P. S. 319. Goepp v. Gartiser, 35 Ibid. 133. It is enough, that the prior lien is valid upon its face. Harper's Appeal, 4 W. N. C. 49. The purchaser is not bound to notice a deed or mortgage defectively registered, nor a judgment or lien which appears on its face to be a nullity; the existence of such invalid lien will not effect the discharge of a subsequent mortgage, by a sheriff's sale. Goepp v. Gartiser, 35 P. S. 130. (i) It protects mortgages given before the passage of the act. Brown v. Webb, 1 W. 416. But a mortgage defectively recorded is not protected. Thomp son v. Hay, 3 Luz. L. Obs, 75. See the remarks of LOWRIE, J., on this act, in Ridgway v. Longaker, 18 P. S. 220. If two mortgages be given on the same day, and one be recorded a day after the other, a sale on the second mortgage will not discharge the first; there being nothing on their face to indicate that both were given for purchase-money. Norris v. Brady, 4 Phila. 287. And a sheriff's sale does not divest the lien of a mortgage conditioned for the payment of an indefinite number of annual instalments, depending for their continuance upon a life in being. Knaub v. Esseck, 2 W. 282. (k) A sale subject to such a fixed lien is necessarily subject also to all prior incumbrances. Mix v. Ackla, 7 W. 316. Tower's Appropriation, 9 W. & S. 104. Swar's Appeal, 1 P. S. 92. Lauman's Appeal, 8 Ibid. 473. Northern Liberties v. Swain, 13 Ibid. &c., lien to be discharged. 16 April 1845 § 1. P. L. 488. Other executions. 113. Allegheny City's Appeal, 41 Ibid. 62. Helfrich v. Weaver, 61 Ibid. 385. Wertz's Appeal, 65 Ibid. 306. And see Schall's Appeal, 40 Ibid. 170. And this principle has been held to apply to arrears of groundrent, which are not payable out of the proceeds, where the land is sold subject to the lien of a mortgage. Devine's Appeal, 30 P. S. 348. So also, the holder of a mortgage, payable by instalments, is not entitled to payment of an instalment due at the time of sale; nor of the interest then due. Field v. Oberteuffer, 2 Phila. 271. (1) Since the passage of this act, nothing is sold but the equity of redemption, in cases falling within its provisions. Garro v. Thompson, 7 W. 419. Berger v. Hiester, 6 Wh. 214. But a sale made on one of several debts secured by a mortgage will divest its lien on the land. Berger v. Hiester, 6 Wh. 210. McGrew v. McLanahan, 1 P. & W. 44. Pierce v. Potter, 7 W. 475. Ridgway v. Longaker, 18 P. S. 215. And that, notwithstanding the mortgagor had aliened the land previously to the entry of the judgment on which the execution issued. Hartz v. Woods, 8 P. S. 471. West Branch Bank v. Chester, 11 Ibid. 287. See Moore v. Shultz, 13 Ibid. 103. Clarke v. Stanley, 10 Ibid. 472. It must, however, appear so on the face, of the record. Norris v. Brady, 4 Phila. 287. And a judgment on a bond secured by mortgage is not payable out of the proceeds of a sheriff's sale of the mortgaged premises, under a junior judgment; the act preserves the lien of the mortgage debt from being discharged by such a sale. Commonwealth v. Wilson, 34 P. S. 63. "" (m) See tit. "Municipal Claims.' Northern Liberties v. Swain, 13 P. S. 113-17. The lien of a first mortgage is not divested by a sale for taxes subsequently assessed. Perry v. Brinton, 13 P. S. 202. See Dean's Estate, 3 Luz. L. Reg. 113. Philadelphia v. Hepburn, 13 Phila. 98. (n) A sale under an order of the orphans' court will discharge the lien of a mortgage. Moore v. Shultz, 13 P. S. 103. See Jackson v. Dickerson, 5 Phila. And see infra 147. So, a sale in partition 356. 16 April 1845 § 4. P. L. 458. Prior liens for taxes, &c., to be proceeds. 144. The lien of a mortgage upon any real estate, situate in the city or county of Philadelphia, shall not be destroyed or in any way affected by any sale of the mortgaged premises under a subsequent judgment (other than one entered upon a claim, which was a lien on the premises prior to the recording of such mortgage), payable out of the by reason of the prior lien of any tax, charge or assessment whatsoever; but the. same shall continue as if such prior lien did not exist, where, by existing laws, the lien of such mortgage would otherwise continue: Provided, That the continuance of the lien of such mortgage shall not prevent the discharge of such prior liens for taxes, charges or assessments, by such sale, or the satisfaction thereof, out of the proceeds of such sale. Ibid. § 5. Entering up judg 145. The entering of any judgment for the same debt, secured by any mortgage, shall not cause a sheriff's sale of the mortgaged premises to destroy or in any way ment, not to affect affect the lien of such mortgage, nor shall the plaintiff in such judgment be entitled to any part of the proceeds of such sale: Provided always, That such sale has not been made under or by virtue of such judgment.(0) the lien of such mortgages. 23 Jan. 1849 § 4. P. L. 656. Nor sale under 146. The lien of a mortgage upon any real estate, situate in the city or county of Philadelphia, shall not be destroyed or in any way affected by the sale of the mortgaged premises, under or by virtue of any process to enforce the payment of process to enforce any tax, claim or assessment whatsoever, which by existing laws may be a lien on. said real estate, unless said sale shall be made under a judgment obtained upon a claim which was duly registered in the proper office, prior to the recording of such mortgage. payment of taxes. 19 May 1893 § 1. P. L. 110. Lien not to be cial sale. 147. When the lien of a mortgage upon real estate is, or shall be, prior to all other liens upon the same property, except other mortgages, ground-rents, assessments and municipal claims, whose lien though afterward accruing has by law destroyed by judi- given it the lien of such mortgagee shall not be destroyed, or in anywise affected by any judicial or other sale whatsoever, except as hereinafter stated, whether such sale be made by virtue or authority of any order or decree of any orphans' or other court, or of any writ of execution, or otherwise, howsoever: Provided, That this section shall not apply to cases of mortgages upon unseated lands or sales of the same for taxes.(p) Not to apply to unseated lands. Ibid. § 2. Real estate of a decedent may be 148. Whenever the application for an order or decree of the sale of real estate shall be made by an executor or administrator for the purpose of paying the debts of the decedent, it shall and may be lawful for the orphans' court having jurisdicfreed on consent of tion of such petition to decree a sale of the premises freed and discharged from the lien of a mortgage, or mortgages, as mentioned in the first section of this act, if the holder, or holders, of such mortgage, or mortgages, by writing filed in said court, shall consent to the sale being so made, that the sale should be made freed and discharged from the lien of the mortgage or mortgages as aforesaid. holder of mort gage. 2 April 1822 § 1. 7 Sm. 551. Mortgages may release part of the mortgaged premises. (4.) Of releases, and payments by instalments. 149. In every case where a mortgage has been or shall hereafter be executed, it shall be lawful for the mortgagee or mortgagees, his, her or their respective heirs, executors, administrators or assigns, to release (q) any part or parts of the mortgaged premises to the mortgagor or mortgagors, his, her or their respective heirs, executors, administrators or assigns, (r) or to any person or persons claiming the same, by, from or under him, her or them, or any of them, and thereafter to sue Proceedings on the forth a writ or writs of scire facias to recover the debt or demand mentioned in scire facias in such such mortgage, or so much thereof as shall remain or become due, out of the remaining part or parts of such mortgaged premises and not released as aforesaid, and the remaining part or parts only of such mortgaged premises shall be taken in cases. will discharge a mortgage on one of the undivided shares. Girard Life Insurance Co. v. Farmers' and Mechanics' Bank, 57 P. S. 388. (0) This act applies to all cases where a mortgage and judgment are taken for the same debt, whether the judgment be entered before or after the mortgage: it is retrospective, and applies to mortgages given before its passage. Callender's Appeal, 1 Wh. Dig. 1021, pl. 830. The act was merely declaratory of the existing law. Commonwealth v. Wilson, 34 P. S. 63. (p) See the acts 23 March 1867, P. L. 44; 24 April 1869, P. L. 1213; 28 June 1871, P. L. 1379; 9 April 1872, P. L. 1103; 10 March 1870, P. L. 37, and 22 March 1887, P. L. 6. Pottsville Lumber Co. v. Wells, 157 P. S. 5. (q) A release of one of several tracts of land from the lien of a mortgage, will not discharge the other lands from the incumbrance. Culp v. Fisher, 1 W. 494. Crawford v. Crawford, 2 Ibid. 339. Ingersoll v. Sergeant, 1 Wh. 359. Building Association v. Server, 11 Phila. 532. McIlvaine v. Mutual Assurance Co., 93 P. S. 30. Snyder v. Crawford, 39 L. I. 52. But if the mortgagee have notice that by such act, he sacrifices the interest of a subsequent lien-creditor, he will be responsible for the loss incurred. Taylor's Executors v. Maris, 5 R. 51-7. See Wilbur's Appeal, 10 W. N. C. 133. (r) This act is intended for the benefit of the terretenants or purchasers from mortgagors, and does not interfere with the relative equities of the different purchasers. Mevey's Appeal, 4 P. S. 80. Where a mortgagor has sold part of the mortgaged premises, the mortgagee is bound to proceed first against that part remaining in the hands of the mortgagor; and where the mortgagor has sold the whole at successive periods, the mortgagee must, in the first instance, come upon the part last sold, before attacking the other. Mevey's Appeal, 4 P. S. 80. Cowden's Estate, 1 Ibid. 279. Nailer v. Stanley, 10 S. & R. 450. If the earlier grantee has not paid all the purchase-money, he has no such equity, but must contribute to the extent of his unpaid purchase-money, to a subsequent grantee, whose land has been sold to pay the common lien. Beddow v. Dewitt, 43 P. S. 326. And this rule does not apply to successive purchasers of parts of the mortgaged premises at sheriffs' sales. Carpenter v. Koons, 20 P. S. 222. In such case, they must pay the mortgage in proportion to the value of their respective lots. Ibid. balance claimed is execution, and the same proceeding shall be had thereon, as are provided by the 2 April 1822 § 1. act to which this is a supplement; and the defendant or defendants in such scire 7 Sm. 551. facias, in addition to the pleas mentioned in the act to which this is a supple- Defendant may ment, may plead, that the balance claimed is greater than in a just proportion plead that the ought to be levied of the premises described in such writ; and if he, she or they a greater proporshall thereupon confess judgment for so much as he, she or they shall believe to tion than ought to be the just proportion, chargeable upon the premises described in the writ, and be levied of the if the plaintiff shall proceed for the residue of his claim, but shall not recover any sum beyond the amount of the said judgment, together with the interest thereon accruing, in such case, the plaintiff shall pay all the costs of such further proceedings to final judgment; in any other event, the defendant or defendants shall pay the same. premises. 8 Sm. 182. instaliments, re 150. In all cases of a mortgage where, by agreement, the mortgage is to be sat- 31 March 1823 § 2. isfied, paid and discharged, by instalments, (s) the legal holder or holders thereof, or his agent or attorney, on receiving each of such instalments, with all interest Where mortgages thereon due, shall receipt for the same upon the record of the mortgage in the are payable by proper office, as they are severally paid; which receipt or receipts shall be a release ceipt for each and discharge of the said mortgage to the amount thus receipted for, and the instalment to be mortgage shall not at any time be a lien on the mortgaged premises to any greater entered on record. amount than the sum of the principal and interest actually remaining due, or becoming due and unpaid. And if any legal holder or holders, or his or their Penalty for negagent and attorney, of any mortgage, shall refuse or neglect, upon the request of lect. the mortgagor or mortgagors, or of his, her or their legal representatives, or any person owning the mortgaged premises, or any part thereof, on tender of the cost of office for entering such receipt upon the record of the mortgage, to receipt upon the record of such mortgage the amount of the instalment received within sixty days after such request made such holder or holders, or his or their agent or attorney, shall, for every such offence, forfeit and pay unto the party or parties aggrieved any sum of money not exceeding the amount of the instalment so neglected or refused to be receipted for; to be recovered, sued for and demanded by the mortgagor or mortgagors, or persons damnified, in like manner as other debts are now recoverable by law in this commonwealth. 9 May 1889 § 1. P. L. 166. 151. From and after the passage of this act it shall be the duty of the holder or the holders of mortgages, recorded in the proper office, at least once every three years, to cause to be entered on the margin of the record thereof all payments of Mortgagees to either principal, debt or interest, or both, theretofore made by, or in behalf of, the enter receipt for mortgagor, on being tendered or paid the legal fee for such entry or entries, by the once in three mortgagor or any one interested in the property covered by the mortgage, either years. as owner or as a lien creditor. interest on record Ibid. § 2. 152. If the holder or holders of any such mortgage shall neglect or refuse, after written request and tender of the legal fees therefor, for a period of three months, Penalty for to cause to be entered on the record of any such mortgage, any and all such pay- refusal. ments of principal or interest, or both, such holder shall be liable to pay to any party interested therein who shall have made such tender and request, the sum of one hundred dollars for each failure to comply with the provisions of this act; said sum to be recovered in any court of record where a proper service may be had in an action of debt. (5.) Of the satisfaction of mortgages. 153. Any mortgagee(t) of any real or personal estates in this province, having 28 May 1715 § 9. received full satisfaction and payment of all such sum and sums of money as are 1 Sm. 95. really due to him by such mortgage, shall, at the request of the mortgagor, enter On payment mortsatisfaction upon the margin of the record of such mortgage recorded in the said gagee to enter office, which shall for ever thereafter discharge, defeat and release the same, and satisfaction on shall likewise bar all actions brought, or to be brought thereupon.(u) record. 154. And if such mortgagee, by himself or his attorney, shall not within three Ibid. § 10. months after request and tender made for his reasonable charges, repair to the said office, and there make such acknowledgment as aforesaid, he, she or they lecting so to do. Penalty for negneglecting so to do, shall, for every such offence, forfeit and pay unto the party (s) In a mortgage payable by instalments, a stipulation that the mortgagee may sue out a sci. fa. and proceed at once for the whole amount remaining unpaid, in case the mortgagor shall be in default, thirty days, in any instalment, makes all unpaid instalments recoverable at that time. Robinson v. Loomis, 51 P. S. 78. (1) Where a mortgage is made to two executors, either of them may receive the mortgage-moneys, and enter satisfaction of record. People v. Keyser, 28 N. Y. 226. But a husband cannot enter satisfaction on a mortgage to himself and wife, to secure a part of the purchase-money of the wife's property. McKinney v. Hamilton, 51 P. S. 63. (u) The entry of satisfaction by a mortgagee, after he has parted with the obligation thereby secured, will not discharge the security, in favor of one who purchased between the date of recording the mortgage and the entry of satisfaction, so far as respects the holder of such obligation. Roberts v. Halstead, 9 P. S. 32. And the entry of satisfaction on a mortgage will not discharge the accompanying bond, against the clear intention of the parties. Fleming v. Parry, 24 P. S. 47. Where a deed is absolute on its face, but is proved to have been, in fact, a mortgage, the defeasance resting in parol, the grantee, after payment of the mortgage-debt, may be decreed, in equity, to reconvey. Kenton v. Vandergrift, 42 P. S. 339. The entry of satisfaction, by an attorney, upon a forged power, though duly attested by the recorder, does not discharge the lien. Lancaster v. Smith, 67 P. S. 427. And see Brown v. Henry, 106 P. S. 262. 1 Sm. 95. 28 May 1715 § 10. or parties aggrieved, (v) any sum not exceeding the mortgage-money, (w) to be recovered in any court of record within this province, by bill, plaint or information.(x) 31 March 1823 § 1. 8 Sm. 131. 155. In all cases where the legal holder or holders of a mortgage have died, or shall die, without entering satisfaction upon the record of the same, and also in How entry of satis- all cases where the legal holder or holders of a mortgage have removed, or shall faction may be ob- remove, or be out of the state, and payment being made of all the money or mortgagee has died amount due, or to become due thereon, and shall so continue for two years, in such tained, where the or removed from the state. 3 April 1851 § 14. P. L. 871. Mortgagors may pay into court the amount claimed and have satisfac tion entered, and thereafter contest the claim of the mortgagees. 11 April 1856 § 1. P. L. 304. Recorder to enter satisfaction in certain cases. Fees. case the mortgagor or mortgagors, his, her or their legal representative or representatives, or the owner or owners of the mortgaged premises, or any or either of them, may petition the court of common pleas of the county where the mortgaged premises are situate, setting forth the premises;(y) whereupon the said court shall direct the sheriff of the said county to serve a notice, stating the facts set forth in the petition, on the legal representative or representatives, if to be found in the said county, and in case the parties aforesaid cannot be found in the said county, then the said sheriff shall give public notice as aforesaid in one or more newspapers within or nearest to the said county, once a week for four weeks successively, prior to the then next term after the petition as aforesaid has been presented, requiring the said parties to appear at said term and answer the petition as aforesaid; at which term, or any subsequent term, the said court on due proof being made that the full amount for which the said mortgage was given has been paid, are hereby authorized and required to decree and direct that satisfaction shall be entered upon the record thereof, by the recorder of the proper county, on payment of the costs due relative to the entry of said mortgage or any proceedings thereon; which said satisfaction so entered shall for ever thereafter discharge, defeat and release the same, and shall likewise bar all actions brought or to be brought thereon, as fully and effectually to all intents and purposes as if the satisfaction had been entered by the legal holder or holders of the said mortgage; but if either of the parties shall desire any matter of fact that is affirmed by the one or denied by the other, to be tried by a jury, an issue shall be formed, and the same shall be tried accordingly, and if the jury shall find that the full amount for which the said mortgage was given has been paid, then satisfaction shall be entered on the record as aforesaid. 156. The mortgagors in any mortgage, (yy) or the assignees (assignors) in any deed of assignment in trust for the benefit of creditors, shall have the right,(z) upon application to the court of common pleas of the county where the land mortgaged or assigned is situated, by bill or petition, setting forth the facts, to pay into court the amount of money claimed by the said mortgagee or trustee under the mortgage or assignment, stating, if any, objections to the claim of such mortgagee or assignee; (a) and the court, upon payment of the said amount claimed into court, shall order and decree that satisfaction shall be entered upon said mortgage, or that the assignee or assignees shall reconvey the assigned property, and the court shall proceed to hear and determine the objections to the payment of any part of the money in court as (to) right and justice shall belong, and shall decree accordingly. 157. In all cases where the amount due on any mortgage or judgment entered of record, together with interest and cost, shall have been paid to the legal holder or holders thereof, and the judgment bond or note, or mortgage, together with the accompanying bonds, if any, duly indorsed in the presence of two witnesses, that the same are satisfied and discharged, shall be produced to the prothonotary or recorder having charge of the records of such mortgages and judgments respectively, it shall be the duty of such officer, for the fee of seventy-five cents in the case of a mortgage, and twenty-five cents in the case of a judgment, to enter satisfaction on the record of such liens, and to file among the papers in their respective offices the judgment-notes, bills, mortgages and bonds respectively, which shall remain filed thereafter, for the benefit of all parties interested therein: ProJudge's certificate vided, That no such satisfaction shall be entered, until after a certificate from the president judge or the district judge of the proper county, allowing the same, which certificate shall also be produced and filed with the papers aforesaid.(b) to be filed. 28 April 1868 § 1. P. L. 1151. 158. The provisions of the 1st section of the act, entitled "An act relative to mortgages," approved March 31st, 1823, (c) are hereby extended to all cases where (v) The mortgagor, after a sheriff's sale of the mortgaged premises, is not a party aggrieved. Pierce v. Potter, 7 W. 475. (w) As to the costs of the proceedings under this act, see Reed v. Dewees, 2 T. & H. Pr. § 1982. (x) The party need not prove that he has sustained actual damage by the refusal to enter satisfaction. Henry v. Sims, 1 Wh. 187. (y) See Brewer's Appeal, 104 P. S. 417. (yy) A terre-tenant has no right to pay money into court, under this act; that power is given to the mortgagor only. Assurance Co. v. Power, 12 Phila. 377. See infra 161. (z) The mortgagor has the right to pay the money into court, notwithstanding the pendency of a scire facias, at any time before judgment thereon: but such payment must include the interest and costs to date. Pennock v. Stewart, 104 P. S. 184. (a) It will not be allowed, where the sole question is whether the mortgage is due. Hofmann's Petition, 14 W. N. C. 563. (b) Such entry of satisfaction may be set aside, in case of fraud. Leech v. Bonsall, 9 Phila. 204. (c) Supra 155. |