YOUNG ET AL. v. NAT. BK. OF LANSDOWNE, 330 Pa. 128 (1938)

198 A. 139

Young et al., Appellants, v. National Bank of Lansdowne.

Supreme Court of Pennsylvania.April 19, 1938.
May 9, 1938.

Warner Brothers Theatres, Inc., v. Proffitt, 329 Pa. 316 held controlling.

Argued April 19, 1938.

Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.

Appeal, No. 186, Jan. T., 1938, from decree of C. P. Delaware Co., June T., 1936, No. 620, in case of E. G. Raymond Young et al. v. The National Bank of Lansdowne. Decree affirmed.

Bill in equity.

Preliminary objections sustained and bill dismissed, opinion by BROOMALL, J. Plaintiffs appealed.

Error assigned, among others, was decree.

E. LeRoy van Roden, with him Ralph L. Lindenmuth and Bertram P. Rambo, of Rambo, Rambo Knox, for appellants.

E. Wallace Chadwick, of Chadwick, Weeks, Curran Ives an Earl G. Harrison, for appellee, were not heard.

PER CURIAM, May 9, 1938:

The principles of law governing this appeal are controlled by the case of Warner Brothers Theatres, Inc., v. Proffitt, 329 Pa. 316, the only difference being that the tenant in that case purchased the mortgage on the leased premises, foreclosed, and bought in the property, while here the tenant purchased the property from the mortgagee who bid it in on foreclosure, in accordance with an agreement entered into between tenant and mortgagee prior to the sheriff’s sale.

Decree affirmed at appellants’ cost.

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