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UNITED STATES v. CLESS

No. 12296.

254 F.2d 590 (1958)

UNITED STATES of America, Appellant, v. Daniel K. CLESS, Margaret J. Cless, Elwood A. Sterner, Marion L. Sterner, C. Hoerner Cassel.

United States Court of Appeals Third Circuit.

Decided April 11, 1958.

Attorney(s) appearing for the Case

Bernard Cedarbaum, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Robert J. Hourigan, U. S. Atty., Scranton, Pa., Paul A. Sweeney, Atty. Dept. of Justice, Washington, D. C., on the brief), for the United States.

Horace E. Smith, York, Pa. (Horace E. Smith, Thomas H. Reed, York, on the brief), for appellees.

Before MARIS, McLAUGHLIN and STALEY, Circuit Judges.

STALEY, Circuit Judge.

For well over a century it has been the established rule in Pennsylvania that the foreclosure of a prior mortgage divests all subsequent liens on real estate. It is not necessary to join the subordinate lienors in the action nor to give them actual notice. Whether a second mortgage lien held by the United States may be extinguished upon foreclosure of a prior lien in accordance with this accustomed statutory practice of Pennsylvania is the question...

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