90 Pa. 52 | Pa. | 1879
delivered the opinion of the court,
The contention of the plaintiff in error is that the mortgage, on which the scire facias in this case issued, was divested by the sheriff’s sale, at which be became purchaser of the mortgaged premises.
It is conceded that the mortgage, as expressed on its face, was given to secure purchase-money, and if recorded within sixty days from the execution thereof, was undoubtedly the'first lien on the land, and consequently not divested by the sale, unless its date raises a conclusive presumption as to the time of its execution. On the other hand, if not recorded in time, the mechanics’ liens, although subsequently entered, were first in order, because they related back to the commencement of th.e building and attached to the equitable interest which the mortgagor had acquired before the conveyance of the legal title. The deed and mortgage were dated January 1st 1876, and the latter was not recorded until the sixty-second day thereafter. In the absence of proof to the contrary, the presumption would be that they were executed and exchanged on the day they bear date. Assuming this to be so, the mortgage thus having lost its priority, was postponed to the mechanics’ liens, and consequently divested by the sheriff’s sale under the subsequent judgment. It was clearly shown, however, that the deed and mortgage were both executed after their date and within sixty days of the time the latter was recorded. This being established, it was
Judgment affirmed.