Speer v. Evans
Supreme Court of Pennsylvania
Error to the Common Pleas of Carbon county. This was a scire facias on a mortgage given by George H. Weiss, Joel Berlin, Joseph Serfass, and Samuel Hawk to Morris Evans, dated 1st November 1855, upon, a tract of land the title to which afterwards passed into the hands of William H. Speer. On the 5th of November 1855, the mortgage was recorded in the proper record-book in and for Carbon county.
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Error to the Common Pleas of Carbon county. This was a scire facias on a mortgage given by George H. Weiss, Joel Berlin, Joseph Serfass, and Samuel Hawk to Morris Evans, dated 1st November 1855, upon, a tract of land the title to which afterwards passed into the hands of William H. Speer. On the 5th of November 1855, the mortgage was recorded in the proper record-book in and for Carbon county. The register placed upon the mortgage his certificate to that effect, but neglected to index the recording of the mortgage. The two bonds secured by the mortgage were also entered of record on the same…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
This was not the case of an unrecorded mortgage. It was duly recorded, and as between the parties thereto, the mortgagors and mortgagees, was in all respects a valid and effectual mortgage. But it was not duly indexed, and not, therefore, constructive notice to third parties. As a guide to inquirers, the index is an indispensable part of the recording, and without it, the record affects no party with notice.
As the sole purpose of the index is to enable those who are affected with constructive notice of the mortgage to obtain actual…
2Cited by6 opinions
- Prouty v. MarshallSupreme Court of Pennsylvania · 1909
- Butts v. CruttendenSuperior Court of Pennsylvania · 1900
- Stankiewicz v. Heights Construction & Supply Co.Superior Court of Pennsylvania · 1928
- Prouty v. MarshallSuperior Court of Pennsylvania · 1908
- Boyer v. Pahvant Mercantile & Investment Co.Utah Supreme Court · 1930
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