payment has been made of all the money or amount due or to become due on any 28 April 1868 § 1. mortgage, and to all cases where the legal holder or holders of such mortgage, at P. L. 1151. the time of such payment, shall have been a building association or other corpora- Courts may decree tion, whose existence in law has terminated or become doubtful, or whose affairs satisfaction of have been wound up; and in such case, the notice required by the said act shall mortgagees in cerbe served on either the president or treasurer last in office, if he is to be found in the county, otherwise, such notice shall be served in the manner required by said act: Provided, That this act shall apply only to the city of Philadelphia and to the county of Montgomery.

tain cases.

tion.

P. L. 141.

159. In all cases, where payment has been made of all the money or amount 11 June 1879 § 1. due or to become due in any mortgage, and the legal holder or holders thereof have failed, from any cause whatever, to enter satisfaction upon the record of the Proceedings for the same, and shall so continue for six months, in such case, the mortgagor or mort- entry of satisfacgagors, his, her or their legal representatives, or the owner or owners of the mortgaged premises, or any or either of them, may petition the court of common pleas where the mortgaged premises are situate, setting forth the premises; whereupon the said court shall direct the sheriff of 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 county; and in case the parties cannot be found in the said county, then the sheriff shall give public notice as aforesaid, in one or more newspapers published within or nearest to the said county, once a week for four weeks successively, prior to the then next term after the petition has been presented, requiring the said parties to appear at the next term and answer the petition 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, in (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 one and 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; and in all cases where the legal holder or holders of In case of building such mortgage, at the time of such payment, shall have been a building and loan association whose association, or other corporation, whose existence in law has terminated or become minated. doubtful, or whose affairs have been wound up, the notice required by this act shall be served on either the president or treasurer last in office in said association or corporation, if he is to be found in the county, otherwise public notice shall be given in one or more newspapers within or nearest to the county, in the manner aforesaid.

existence has ter

P. L. 97.

160. In all cases where the legal presumption of the payment of mortgages shall 10 June 1881 § 1. exist from lapse of time, and no satisfaction appears on the record thereof, it shall be lawful for the owner or owners of the mortgaged premises to apply by petition How satisfaction to the court of common pleas of the county where the mortgaged premises are entered on mortsituate, setting forth the premises, and also the name of the holder or holders of age presumed to be paid. the mortgage, if known, and if not known, then stating that fact, 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 holder or holders of the said mortgage, 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 published within or nearest the said county, once a week for four weeks successively, prior to the then next term after the petition as aforesaid shall have been presented, requiring said parties to appear at said term and answer the petition as aforesaid; at which term, should any person or persons appear, claiming to be the holder or holders of the said mortgage, the said court shall enter a rule on the person or persons so claiming to sue out a writ of scire facias to the next quarterly or monthly return-day, to which it shall be lawful for any party to appear and defend, as is now authorized by law, as to writs of scire facias, and in default of a compliance with the said rule, and in the event of a non-appearance of any person to answer the said petition as aforesaid, the said court, being satisfied of the truth of the said petition, are hereby authorized and required, at the same or any subsequent term of the said court, to decree and direct that satis- Decree. faction shall be entered on the record of the said mortgage, 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.

20 June 1883 § 1. P. L. 138.

resident holder.

161. In all cases where the legal holder or holders of a mortgage shall reside without the jurisdiction of this commonwealth, or shall have removed therefrom without Decree of satisfac- leaving a known duly authorized attorney to enter satisfaction on the record of tion, in case of non- such mortgage, on full payment of the principal and interest, and all proper legal charges being made, it shall and may be lawful for the owner or owners of the mortgaged premises, or any person interested, to apply by petition to the court of common pleas of the county in which the mortgaged property is situated, setting forth the premises, and also the name and whereabouts, if known, of the holder or holders of said mortgage, if known, and if not known, then stating the facts, and that the principal of the mortgage-debt is overdue by expiration of the time therein limited, and not by reason of default in the payment of the interest; whereupon the said court shall make such order, for giving notice of said petition, and of the time of the hearing thereof to all persons interested, in such manner as the said court shall direct, either by personal service, or publication, or otherwise; at the time therein specified, or at any subsequent time, on due proof being made of the truth of the said petition, the said court, upon payment being made into court of the said amount of the principal and interest, and all other moneys found to be due and owing on said mortgage, shall order and decree that the recorder of deeds of the proper county shall enter full satisfaction upon the margin of the record of such mortgage recorded in his office, which shall for ever thereafter discharge, defeat and release the same, and shall likewise bar all actions brought or to be brought thereupon, as fully as if such payment had been made to the lawful owner or owners of such mortgage-debt, and as if such owner or owners had entered such satisfaction of record: Provided, That the recorder, before entering such, satisfaction, shall be furnished by said petitioner, at his cost, with a certificate under the hand of the clerk and the seal of said court, containing a copy of the order of the court, and an acknowledgment of the payment into said court of the principal and interest due on said mortgage up to the time of such payment.

Payment into

court.

24 June 1885 § 1. P. L. 157.

(6.) Assignment of mortgages.

162. It shall and may be lawful for any person or persons, natural or artificial, holding lands incumbered by mortgage, judgment, recognizance or other security, Holders may be re- so incumbered by any previous owner or owners, after such money shall have quired to assign. become due and payable, (d) his or their agent or attorney, to tender to the holder of any such mortgage, judgment, recognizance or other security, such sum of money as shall or may be due by virtue thereof, to such holder or holders, including interest and costs, and to require the said holder or holders to assign and transfer to such person or persons as the owner or owners of such incumbered premises may name, such mortgage, judgment, recognizances or other security, in the following cases:

Ibid.

Where lands, &c.,

163. First. Where lands and tenements, or any interest in possession, belong to a minor or minors, and it shall be made to appear to the court that it would be to belong to minors. the interest of such minor or minors, that the mortgage, judgment, recognizance or other security should be assigned to the appointee of the guardian of such minor or minors.

Ibid.

164. Second. Where lands and tenements are held by will, or otherwise, for life,

Or are held for life. with remainder over.

Ibid.

Or in trust.
Ibid.

Or have descended.

Ibid. § 2. May be enforced by attachment.

Interest to cease.

Costs, &c.

All parties in interest must join.

10 April 1849 § 12. P. L. 621.

165. Third. Where lands and tenements are held in trust, under the provisions of any last will and testament, or any deed of trust.

166. Fourth. Where lands have descended under the intestate law.

167. In case the holder of any such mortgage, judgment, recognizance or other security, shall fail or neglect on such tender being made, to execute an assignment or transfer, as required, it shall and may be lawful for a court of common pleas of the county, in which said mortgage, judgment or recognizance shall be entered of record, or of the county in which said holder shall reside when such court shall be sitting in equity, to enforce by decree and attachment such assignments and transfers as aforesaid, and for the said court to order that the interest due on such mortgage, judgment or recognizance or other securities, shall cease from the day of such tender until the assignment or transfer so required shall be executed and delivered, and also to make such other and further decree in relation to the subject-matter, including cost, as justice and equity may seem to require: Provided, That it shall be first made to appear to the court that all parties in interest in the lands so incumbered have joined in the application for the assignment of such mortgage, judgment, recognizance or other security.

(7.) Of lost mortgages.

168. In all cases where a mortgage has been heretofore made, or shall be hereafter made, and has been or shall hereafter be lost, destroyed or mislaid before the mortgage-debt shall be paid, and the mortgagor or mortgagors, or his, her or their

(d) An assignment will not be decreed upon the petition of the guardian of a minor, where the consent of the widow does not appear. Weimer v. Karch, 5 C. C. 203.

P. L. 621.

satisfaction on a

to the common

legal representative or representatives, or the owner or owners of the mortgaged 10 April 1849 § 12. premises, shall be desirous to pay off and satisfy such mortgage, and to have satisfaction entered on the record of the same, or the mortgagee or mortgagees, or his, Proceedings to enher or their legal representative or representatives, or other person or persons who force payment of, may be entitled to such mortgage-debt, shall or may be desirous to recover or or the entry of receive the same, but payment or satisfaction shall be withheld or denied until lost mortgage. such mortgage shall be produced; it shall and may be lawful for such mortgagor Parties may apply or mortgagors, or his, her or their legal representative or representatives, or the by bill or petition owner or owners of said mortgaged premises, or for the person or persons entitled pleas. to such mortgage-debt, or his, her or their legal representative or representatives, or either of them, or other person or persons interested therein, to apply by bill or petition to the court of common pleas of the county where the mortgaged premises are situate, setting forth the facts of the case, with the complaint or grievance; and after due notice, to be given in such manner and for such time as the court may direct, to such mortgagor or mortgagors, or to his, her or their legal representative or representatives, and to the owner or owners of the mortgaged premises, and the person or persons in possession thereof, or to the person or persons entitled to such mortgage-debt, or his, her or their legal representative or representatives, as the case may be, and to all and every other person and persons interested therein, requiring them to appear in such court on a day certain, to be who shall proceed fixed by said court, and answer such bill or petition; at which time, or any sub- therein as a court sequent time, the said court sitting as a court of equity, shall have power to of equity. examine into the facts of the case and the complaint or grievance, and to grant such relief, and make such order and decree therein, as the necessities of the case may in justice and equity require, as fully, to all intents and purposes, as if the remedy were herein particularly prescribed and set forth: Provided, That this Act limited to section shall apply and extend only to the city and county of Philadelphia, and to certain counties. the counties of Montgomery and Lycoming.(e)

(8.) Proceedings on a mortgage.

169. Where default or defaults have been or shall be made or suffered, by any 1705 § 6. 1 Sm. 59. mortgagor or mortgagors of any lands, tenements or other hereditaments, within How mortgage to this province, or by his, her or their heirs, executors, administrators and assigns, be sued. of or in payment of the mortgage-money, or performance of the condition or conditions, which they, or any of them, should have paid or performed, or ought to pay or perform, in such manner and form, and according to the purport, tenor and effect of the respective provisos, conditions or covenants, comprised in their deeds of mortgage or defeasance, (g) and at the days, times(h) and places, in the same deeds respectively mentioned and contained; in every such case, it shall and may be lawful to and for the mortgagee or mortgagees, and him, her or them that grant the said deeds of defeasance, and his, her or their heirs, executors, administrators or assigns, (i) at any time after the expiration of twelve months,(k) next ensuing the last day whereon the said mortgage-money ought to be paid, or other conditions performed as aforesaid, to sue forth a writ or writs of scire facias, (1) at expiration of which the clerk of the court of common pleas for the county or city where the twelve months. said mortgaged lands or hereditaments lie, is hereby empowered and required to make out and despatch, directed to the proper officer, requiring him, by honest and lawful men of the neighborhood, to make known to the mortgagor or mortgagors, his, her or their heirs, executors or administrators, (m) that he or they be

(e) See act 24 January 1849, § 11, P. L. 681, the provisions of which are re-enacted by this section, and extended to the counties of Montgomery and Lycoming.

(g) A scire facias will not lie, upon an equitable mortgage, not under seal. Spencer v. Haynes, 4 W. N. C. 152. But such writ will lie upon an unrecorded mortgage. McLaughlin v. Ihmsen, 85 P. S. 364. Tryon v. Munson, 77 Ibid. 250.

(h) Where a mortgage is payable by instalments, the mortgagee cannot proceed by scire facias to recover each instalment as it becomes due; in such case, he must bring ejectment, or proceed on his accompanying bond. Fickes v. Ersick, 2 R. 166. See Ewart v. Irwin, 1 Phila. 78.

(i) The assignment of a mortgage, duly executed and recorded, passes the legal title, and no suit can subsequently be maintained thereon, in the name of the assignor, for the use of parties claiming an equitabie interest in the mortgage-debt. Pryor v. Wood, 31 P. S. 142. See infra 177. But if the assignment be a merely equitable one, the scire facias may properly issue in the name of the holder of the legal title, for the use of the assignee. Partridge v. Partridge, 38 P. S. 78. See Wetherill's Appeal, 3 Gr. 281, as to the effect of an assignment; and infra 177.

(k) This limitation may be waived. Huling v.

Scire facias to issue

Drexell, 7 W. 126. Griffith v. Nolen, 1 W. N. C. 158. But such waiver must clearly appear, and not be left to inference or construction. Walker v. Tracey, 1 Phila. 225. Therefore, a provision, in a bond, that in case of default in the payment of interest for thirty days after it should become due, then the entire principal should become due and payable, does not authorize the issuing of a sci. fa. upon the mortgage before the expiration of twelve months after default in payment of the interest. Whitecar v. Worrell, 1 Phila. 44. See Ewart v. Irwin, Ibid. 78. Hosie v. Gray, 71 P. S. 198. A mortgagor cannot make such waiver, after he has parted with his title to the property. Elkinton v. Fitorhn, 1 T. & H. Pr. § 801. But a married woman may make such waiver on a mortgage of her separate estate for the debt of her husband. Black v. Galway, 24 P. S. 18; s. c. 1 Phila. 494. See Collins v. Webster, 38 P. S. 150.

(1) An action of debt will not lie on a mortgage, which contains no express covenant to pay. Scott v. Fields, 7 W. 360. Fidelity Co. v. Miller, 89 P. S. 26. The scire facias must show the existence of an existing immediate right of action, upon its face. Swift v. Building Association, 82 P. S. 142.

(m) The terre-tenant need not be made a party. Mather v. Clark, 1 W. 491. Mevey's Appeal, 4 P. S. 80. But, in such case, he may, in an ejectment by

What defendants may plead thereto.

How damages to be assessed.

Plaintiff to have

facias.

1705 § 6. 18m. 59. and appear before the magistrates, judges or justices of the said court or courts, to show, if anything he or they have to say, wherefore the said mortgaged premises ought not to be seized and taken in execution for payment of the said mortgage-money, with interest, or to satisfy the damages, which the plaintiff in such scire facias shall upon the record suggest, for the breach of non-performance of the said conditions. And if the defendant in such scire facias appears, he or she may plead satisfaction or payment of part or all the mortgage-money, or any other lawful plea, in avoidance of the deed or debt, as the case may require : but if the defendants in such scire facias will not appear(n) on the day whereon the same writ shall be made returnable, then, if the case be such as damages only are to be recovered, an inquest shall be forthwith charged to inquire thereof, and the definite judgment therein, as well as all other judgments to be given upon such scire facias, shall be entered, that the plaintiff in the scire facias shall have execution by levari facias, directed to the proper officer; by virtue whereof the said execution by levari mortgaged premises shall be taken in execution, and exposed to sale in manner aforesaid; and upon sale, conveyed to the buyer or buyers thereof, and the money or price of the same rendered to the mortgagee or creditor : but for want of buyers, to be delivered to the mortgagee or creditor, in manner and form as is hereinabove directed concerning other lands and hereditaments, to be sold or delivered upon executions for other debts or damages. And when the said lands and hereditaments shall be sold or delivered as aforesaid, the person or persons to whom they shall be sold or delivered, shall and may hold and enjoy the same, with their appurtenances, for such estate or estates as they were sold or delivered (o) clearly discharged and freed from all equity and benefit of redemption, (p) and all other incumbrances made or suffered by the mortgagors, their heirs or assigns, and such sales shall be available in law, and the respective vendees, mortgagees or creditors, their heirs and assigns, shall hold and enjoy the same, freed and discharged as Notice of sale to be aforesaid: but before such sales be made, notice shall be given in writing, in manner given. and form as is hereinabove directed concerning the sales of lands upon executions, (q) any law or usage to the contrary notwithstanding.

Effect of sale or delivery under levari facias.

Ibid. § 7. Overplus to be re

ant.

170. Provided also, That when any of the said lands, tenements or hereditaments, which by the direction and authority of this act are to be sold for payment turned to defend- of debts and damages, in manner aforesaid, shall be sold for more than will satisfy the same debts or damages, or reasonable costs, then the sheriff or other officer, who shall make the sale, must render the overplus to the debtor or defendant; and then, and not before, the said officer shall be discharged thereof upon record, in the same court where he shall make return of his proceedings concerning the said sales.(r)

Ibid. § 8. Purchaser to take

the mortgagor.

171. Provided also, That no sale or delivery, which shall be made by virtue of this act, shall be extended to create any further term or estate to the vendees, only the estate of mortgagees or creditors, than the lands or hereditaments so sold or delivered shall appear to be mortgaged for, by the said respective mortgages or defeasible deeds. 172. Provided also, That if any of the said judgments, which do or shall warrant the awarding of the said writs of executions, whereupon any lands, tenements or hereditaments have been or shall be sold, shall at any time hereafter be reversed for any error or errors, then and in every such case, none of the said lands, tenements or hereditaments, so as aforesaid taken or sold, or to be taken or sold upon executions, nor any part thereof, shall be restored, nor the sheriff's sale or delivery thereof avoided; but restitution, in such cases, only of the money or price for which such lands were or shall be sold. (s)

Ibid. § 9. Reversal of judgment not to affect the title of the pur

chaser.

the sheriff's vendee, take any defence he might have made, if a party to the original action. Mather v. Clark, 1 W. 491. Cowan v. Getty, 5 Ibid. 531. Mevey's Appeal, 4 P. S. 80. And it is not necessary that the heirs and devisees be made parties, under the act 24 February 1834, § 34. Chambers v. Carson, 2 Wh. 365. If, however, the terre-tenant be admitted to take defence to the sci. fa., he is concluded by the judgment; and so are his subsequent mortgagees. Schnepf's Appeal, 47 P. S. 37.

(n) Judgment may be taken on two nihils, notwithstanding the act of 1836. Chambers v. Carson, 2 Wh. 9; s. c. Ibid. 365. Warder v. Tainter, 4 W. 274. Hartman v. Ogborn, 54 P. S. 120. Tryon v. Munson, 77 Ibid. 250. And one of them may be made to an intermediate return-day of one term, and the other to the first day of the next term. Stevens v. North Pennsylvania Coal Co., 35 P. S. 265. Haupt v. Davis, 79 Ibid. 238. But judgment cannot be entered on two nihils, until fourteen days after the returnday of the alias. Faunce v. Subers, 1 W. N. C. 248. Where a judgment has been taken on two returns of nihil, and the defendant subsequently dies, there need not be a sci, fa, to his heirs and devisees, to support a title under the execution. Taylor v. Young, 71 P. S. 81. The mortgage merges in the judgment. Hartman v. Ogborn, 54 Ibid. 120.

(0) The wife's dower is barred by a sheriff's sale, under a levari facias on a mortgage executed by the husband alone, after the marriage. Scott v. Crosdale, 4 Dall. 127; s. c. 1 Y. 75. The effect of the writ, when followed by a sale, is to extinguish the equity of redemption, and transfer the estate to the purchaser as fully as it existed in the mortgagor, before the mortgage. Hartman v. Ogborn, 54 P. S. 120.

(p) A sale to the mortgagee, under a junior incumbrance, extinguishes the equity of redemption. Blocher v. Blocher, 1 Pitts. 92.

(q) The provision here referred to is contained in the 4th section of this act, which requires ten days' notice by posting. See Topper v. Taylor, 6 S. & R. 173. This section is, however, except as to Philadelphia, supplemented by the act 27 March 1824. P. L. 119, which requires advertisements once a week for three successive weeks in two or more newspapers in the proper county, one printed in the German language if there be any. This provision must be complied with or the sale will be set aside. Gibbons v. Williams, 10 C. C. 299.

173. Whenever any action shall be brought upon a mortgage, or recognizance 8 April 1860 § 1. of record, it shall be the duty of the prothonotary of the court in which the action P. L. 630. is brought, to furnish to the recorder of deeds, or the clerk of the court, where such In actions on mortmortgage or recognizance is or may be recorded, a memorandum of the names of gages, memoranthe parties, the number and term, and the date of such action; and it shall be the dum to be furduty of the recorder or clerk to enter the same upon the record of such mortgage corder, &c. or recognizance.

nished to the re

174. Whenever a judgment, obtained in any action upon a mortgage or recog- Ibid. § 2. nizance as aforesaid, shall have been satisfied upon the record thereof, either by Certificate of satis the receipt of the plaintiff, or by return of execution, it shall be the duty of the faction to be furprothonotary, upon the application of the defendant, to furnish a certificate of nished to recorder, such entry of satisfaction or return under the seal of the court; and upon the presentation of the same, it shall be the duty of such recorder of deeds, or clerk, to mark such mortgage or recognizance satisfied.(t)

175. The prothonotary, and the recorder, or clerk, shall be entitled to receive for the services required by the first section of this act, each twenty cents, to be taxed by the prothonotary as part of the costs in the case; and for the services required by the second section, each twenty cents, to be paid by the party acquiring such service.

&c.

Fees.

Ibid. § 3.

P. L. 192.

Notice to mortga

gee, &c.

176. In all cases where any signature, purporting to be the signature of any 27 March 1862 § 1. mortgagor or mortgagors to any mortgage, duly recorded in the proper office for the recording of the same, is or shall be alleged to be a forgery, the said mortgagor Proceedings where or mortgagors, his, her or their legal representative or representatives, or the owner a mortgage is or owners of the mortgaged premises, or any or either of them, may petition the alleged to be forged. court of common pleas of the county where the mortgaged premises are situate, setting forth the premises; 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 Mortgagor may mortgagee or mortgagees, his, her or their legal representative or representatives, petition. assignee or assignees, if to be found in 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 two or more newspapers within or nearest to the said county, once a week for eight 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 Court may decree said court, on due proof being made that such signature of said mortgagor or recorder to cancel. mortgagors is a forgery, are hereby authorized and required to decree and direct, that such mortgage be cancelled by the recorder of the proper county, on payment of the costs which have accrued for or by reason of any proceedings thereon had in pursuance of this act; which said cancellation, as aforesaid, shall for ever thereafter discharge, defeat and release the same, and shall likewise bar all actions Effect thereof. brought, or to be brought thereon, fully and effectually to all intents and purposes; 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 granted. same shall be tried accordingly; and if the jury shall find that the signature of the said mortgagor or mortgagors is a forgery, then the said mortgage shall be stricken from the records as aforesaid.

Issue may be

177. In any scire facias or suit upon any mortgage, bond or other obligation, 22 April 1863 § 1. although the same may have been assigned, and the assignment thereof recorded, P. L. 567. as required by the act of 9th of April 1849, the assignee or assignees may sue or Suits by assignees proceed thereon, in his or their own name or names, or in the name or names of the of mortgages, &c., mortgagee or mortgagees, obligee or obligees, to the use of such assignee or regulated. assignees; and such assignee or assignees, or person or persons, having an equitable or legal interest therein, shall be entitled, in actions now pending or hereafter to be brought, at any time before verdict or judgment, on application to the proper court, to have the record so amended as to the parties in any such suit, as will enable the proper plaintiff or plaintiffs to proceed in such suit, with the like effect as if the proper party had been placed on the record at the commencement of the suit and the court, on such application, shall amend such record accordingly.

178. Where the real estate, bound by the lien of a mortgage, shall be situate in 23 March 1877 § 1. two or more counties, it shall be lawful for the mortgagee, or his assignee or P. L. 26. assignees, to issue his writ of scire facias, to enforce the collection of said mort- Proceedings on a gage, in the courts of either of said counties where the said mortgage may be mortgage of lands recorded, and proceed to obtain judgment thereon, in accordance with the pro- counties. visions of the act of assembly of 1705, and shall have all the remedies provided in and by said act: Provided, That the sale made under a writ of levari facias, issued Sale on levari on the judgment in the county where the judgment shall have been obtained, shall facias.

event of a reversal of the judgment under which the sale was made, but not where the sale was made under void process. Burd v. Dansdale, 2 Binn. 80. Caldwell v. Waters, 18 P. S. 84. Evans v. Meylert, 19 Ibid. 402. A sale under a levari facias, issued on an amicable confession of judgment, which contains no description of the mortgaged premises, is void, and

lying in several

passes no title. Wilson v. McCullough, 19 P. S. 77. And see act 18 May 1857, confirming prior sheriffs' sales, made by the sheriff of the county wherein the lands lay at the time of the execution of the mortgage, notwithstanding a subsequent division of the county. P. L. 573.

(1) See Commonwealth v. Lane, 3 W. N. C. 546.