Pennsylvania Act 1830-46 — MORTGAGES - DISCHARGE OF

Act text

MORTGAGES - DISCHARGE OF
                  Act of Mar. 10, 1830, P.L. 63, No. 46               Cl. 68
                                  AN ACT

     Relative to the discharge of mortgages filed in the Land Office.

        Section 1.  Proceedings, when mortgaged tract has become
     vested in different persons
        When a mortgage has been or shall be given and filed
     according to law in the office of the secretary of the land
     office, (office of lien indorsed on the patent for any tract or
     tracts of land, as security for the discharge of the claim of
     the Commonwealth thereupon, and where any tract or tracts so
     mortgaged, or where a lien has been or may be indorsed on such
     patent, have become or shall hereafter become legally vested in
     different persons, any one or more of such persons, or their
     legal representatives, holding a portion or portions in his,
     her, or their own separate right, or the rights of those whom
     they represent, may apply to the secretary of the land office,
     who shall ascertain the proportion of the amount due on said
     part, and upon payment of the amount so ascertained, to indorse
     the same on the mortgage or lien, and upon the deed or
     conveyance for the land aforesaid, which shall discharge the
     lien of the Commonwealth upon the land contained in the said
     deed: Provided, That the applicant aforesaid, his agent or
     attorney, shall make it appear to the satisfaction of the
     secretary of the land office, by the certificate of the deputy
     surveyor of the county, on the return of a survey made by him of
     such part of a tract, that the remaining part of the land held
     under a mortgage or lien to the Commonwealth aforesaid, is
     sufficient to pay the remainder due on said mortgage or lien,
     and also shall produce a certificate of the commissioners of the
     proper county, of the assessed value of the said lAnd: and
     provided further, That the exoneration of the part or parts
     aforesaid, shall in no manner affect the lien of the
     Commonwealth upon the remaining part.  1830, March 10, P.L. 63,
     Sec. 1.