Majority
p. 129*MARCH TERM, 1796. Febeiger’s Lessee v. Craighead.[1]
Syllabus
Sheriff’s sale.A sheriff’s sale of land, by virtue of a judgment and execution, subsequent to a mortgage to the trustees of the loan-office, does not destroy its lien.
At a court of Nisi Prius, held at Carlisle, a case was stated for the opinion of the court, containing these facts: A tract of land, in Cumberland county, was mortgaged by John Glenn to the trustees of the loan-office (whose rights, powers and duties, have been transferred by law to the plaintiff, as state treasurer), and the land was afterward levied upon, and sold at a sheriff’s sale, to the defendant, by virtue of a subsequent judgment and execution. The question is, whether the mortgage remains a lien upon the land, against the purchaser at sheriff’s sale ?[3]
p. 130
Ingersott, attorney-general, for the plaintiff. Lewis, for the defendant.
— The case admits of no doubt. Judgment must be entered for til 3 plaintiff.