The Act for the Sale of Real Estate [in Pennsylvania]
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259 ; Cadbury v. Duval, 10 B. 268.
132 THE ACT FOR THE for five years from his decease, when that is the ex- pressed purpose. The public sale was only further potential than a private in this, that creditors by lien of record must take notice of the public sale, and bid the property ta*protect their claims or suffer loss ; but if the sale were private they might not know of the sale, and the purchaser must see that the purchase-money will suffice to pay all liens of record, and see that it is a...pplied to them, otherwise he must refuse the purchase, or demand a public sale after due notice. The question, however, as to pri- vate sales and debts not of record is settled by the act of 23d of March, 1867,* enacting that private sales under the act of 18th of April, 1853, shall dis- charge the premises sold from the lien of the debts of the decedent, except debts of record and debts secured by mortgage.
Though the fifth section declares that by every public sale the premises shall be discharged from all liens, the act is now to be taken as modified in this respect by the act of 27 March, 1867, in force iu the counties of Philadelphia, Allegheny, Berks, Erie, Schuylkill, Perry, and Venango, which saves mort- gages, taken without other preceding liens existing at the time when taken, fi-om being discharged " by any judicial or other sale whatsoever, whether such I Purd.
What to read after The Act for the Sale of Real Estate [in Pennsylvania]?
You can find similar books in the "Read Also" column, or choose other free books by Price, Eli K. (Eli Kirk), 1797-1884 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
259 ; Cadbury v. Duval, 10 B. 268.
132 THE ACT FOR THE for five years from his decease, when that is the ex- pressed purpose. The public sale was only further potential than a private in this, that creditors by lien of record must take notice of the public sale, and bid the property ta*protect their claims or suffer loss ; but if the sale were private they might not know of the sale, and the purchaser must see that the purchase-money will suffice to pay all liens of record, and see that it is a...pplied to them, otherwise he must refuse the purchase, or demand a public sale after due notice. The question, however, as to pri- vate sales and debts not of record is settled by the act of 23d of March, 1867,* enacting that private sales under the act of 18th of April, 1853, shall dis- charge the premises sold from the lien of the debts of the decedent, except debts of record and debts secured by mortgage.
Though the fifth section declares that by every public sale the premises shall be discharged from all liens, the act is now to be taken as modified in this respect by the act of 27 March, 1867, in force iu the counties of Philadelphia, Allegheny, Berks, Erie, Schuylkill, Perry, and Venango, which saves mort- gages, taken without other preceding liens existing at the time when taken, fi-om being discharged " by any judicial or other sale whatsoever, whether such I Purd.
What to read after The Act for the Sale of Real Estate [in Pennsylvania]?
You can find similar books in the "Read Also" column, or choose other free books by Price, Eli K. (Eli Kirk), 1797-1884 to read onlineMoreLess
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