238 Pa. 555 | Pa. | 1913
Opinion by
Page held a mortgage for $15,000.00 against Lenhart, who died without having paid the debt thus secured. The administratrix of Lenhart under an order of the Orphans’ Court sold the hotel property against which the mortgage was a lien, to Tritten, who thus acquired title to the mortgaged premises. The lien of the mortgage was not divested by the sale, but continued against the property in the hands' of the purchaser. The consideration agreed to be paid by Tritten for the mortgaged property, including good will of business, transfer of license and fixtures, was $18,700.00, the payment of the $15,000 mortgage being a part of this consideration. He made all of the cash payments, paid the interest on mortgage to the time of his death and reduced the principal to $13,000. His executrix filed her first account, which includes only the personal property of the decedent. Appellant, executor of Page, the mortgagee, filed
We think the case was properly disposed of in the court below and needs no further discussion.
Decree affirmed at cost of appellant.