Prouty v. Marshall
Supreme Court of Pennsylvania
Appeal, No. 260, Jan. T., 1908, by defendants, from judgment of Superior Court, Oct. T., 1907, No. 75, affirming judgment of C. P. Clearfield Co., Sept. T., 1906, No. 115, on verdict for plaintiff in case of Agnes Prouty v. L. J. Marshall and A. A. La Rue, Terre-tenant. Appeal from judgment of the Superior Court. See 36 Pa. Superior Ct. 527. The facts appear by the opinion of the Supreme Court, and from the report in 36 Pa.
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Appeal, No. 260, Jan. T., 1908, by defendants, from judgment of Superior Court, Oct. T., 1907, No. 75, affirming judgment of C. P. Clearfield Co., Sept. T., 1906, No. 115, on verdict for plaintiff in case of Agnes Prouty v. L. J. Marshall and A. A. La Rue, Terre-tenant. Appeal from judgment of the Superior Court. See 36 Pa. Superior Ct. 527. The facts appear by the opinion of the Supreme Court, and from the report in 36 Pa. Superior Ct. 527. Errors assigned were in affirming the judgment of the trial court.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The precise question here presented for determination is whether, when a mortgage is defectively recorded, and wrongly indexed, by inserting a wrong initial, in entering the name of the mortgagor, the correct name being entirely omitted from the record, a purchaser of the mortgaged premises, without actual notice, is chargeable with notice of such mortgage, and as terre-tenant of the premises, subject to its enforcement against him.
It appears from the record, that on January 20, 1900, L. J. Marshall executed and delivered to Agnes Prouty a purchase money mortgage,…
2Cases cited11 opinions
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