Schell v. Stein
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 138, of October and November Term 1873. This was an action of ejectment, for a lot of ground in Lower St. Clair township, commenced October 16th 1872, by Joseph Schell and John Shuck against Andrew Stein. The case was tried April 25th 1873, before Stowe, J. The title of the premises in question was, on June 6th 1856, in Andrew Stein, the defendant. On the 2d of January 1871, he mortgaged them to the plaintiffs.
Read the full summary
Error to the Court of Common Pleas of Allegheny county: No. 138, of October and November Term 1873. This was an action of ejectment, for a lot of ground in Lower St. Clair township, commenced October 16th 1872, by Joseph Schell and John Shuck against Andrew Stein. The case was tried April 25th 1873, before Stowe, J. The title of the premises in question was, on June 6th 1856, in Andrew Stein, the defendant. On the 2d of January 1871, he mortgaged them to the plaintiffs. To December Term of the Court of Common Pleas, the mortgagees issued a scire facias on the mortgage, on which judgment ivas…
1Opinion of the CourtChief Justice Agnew
The question presented by the record in this case is, whether a deed regularly acknowledged or proved, and recorded in the proper book, and indexed in the separate index appropriated to the book, but not in the general index of all the deed books, is not defectively recorded. If it be, the conceded principle is, that a deed defectively registered is a nullity as to subsequent purchasers *401or mortgagees. There is no law which requires the recorder to keep a general index to all the deed or mortgage books in his office. That it is a great convenience, and in the populous counties of the state has…
2Cases cited1 opinion
- M'Lanahan v. ReesideSupreme Court of Pennsylvania · 1840
3Cited by4 opinions
- Prouty v. MarshallSupreme Court of Pennsylvania · 1909
- Reese v. ClarkSupreme Court of Pennsylvania · 1901
- Pyles v. BrownSupreme Court of Pennsylvania · 1899
- Prouty v. MarshallSuperior Court of Pennsylvania · 1908