First Citizens National Bank v. Sherwood

The majority’s determination that 21 P.S. § 357 governs the outcome in this case is, in my judgment, erroneous; thus, I respectfully dissent.

First, § 357 does not apply to mortgage recording at all. It is found in Title 21 of Pennsylvania Statutes, titled “Deeds and Mortgages.” Statutes involving these two related but quite independent subjects are then subdivided into separate chapters: Chapter 1 is entitled “Deeds and General Provisions”; Chapter 2 is entitled “Mortgages.” Section 357, which the majority interprets and relies on to resolve this mortgage question, is found in Chapter 1, not…