Practice — Mortgages — Foreclosure proceedings — Sheriff's sale — Notice to interested parties — Equitable owner of property — Art of July 9, 1901, P. L. 614.
In this proceeding to set aside the sheriff's sale in a mortgage foreclosure case, in which it appeared that after the complaint was filed the petitioners entered into an unrecorded agreement to purchase the mortgaged premises, and petitioners claimed that the mortgagee knew this fact prior to the sheriff's sale and that petitioners did not receive any written notice or other notice of the sheriff's sale and had no knowledge of it, it was Held that (1) the sheriff's sale was valid and the petition to set it aside should be dismissed; (2) in sheriff's sale proceedings the right of all parties depend on the record at the time of the sale; (3) encumbrancers who become such after institution of the foreclosure proceedings are not necessary parties to an action to foreclose and (4) the words "real owner" in the Act of July 9, 1901, P. L. 614, relating to mortgage foreclosures, does not include a person who is an equitable owner under an unrecorded agreement of sale.
OPINION PER CURIAM, June 30, 1959:
Order affirmed on the opinion of the court below appearing in 17 Pa. D. C.2d 368.