Farabee v. McKerrihan
Supreme Court of Pennsylvania
Appeal, No. 13, Oct. T., 1895, by George McKerrihan, from order of C. P. Greene Go., Oct. T., 1892, No. 159, dismissing exceptions to auditor’s report. Exceptions to auditor’s report, distributing fund raised by the sheriff’s sale of the real estate of Joseph McKerrihan, the defendant.
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Appeal, No. 13, Oct. T., 1895, by George McKerrihan, from order of C. P. Greene Go., Oct. T., 1892, No. 159, dismissing exceptions to auditor’s report. Exceptions to auditor’s report, distributing fund raised by the sheriff’s sale of the real estate of Joseph McKerrihan, the defendant. From the report of the auditor, A. F. Silveus, Esq., it appeared that on March 20, 1884, Joseph McKerrihan and wife executed and delivered to Benjamin Farabee an instrument in writing under seal, conveying one hundred and sixty-two acres of land “ to secure a loan of four thousand five hundred dollars from the…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The only question in this case is, whether a mortgage left at the recorder’s office to be recorded, but actually recorded in the deed book and indexed in the index of deeds, was sufficiently recorded to constitute a lien from the time it was left for record.
In the case of Luch’s Appeal, 44 Pa. 519, we held that mortgages must be recorded in mortgage books and are not properly recorded in any other species of book where they cannot be found by means of the mortgage index.
*239Bub in Glading v. Frick, 88 Pa. 460, Luch’s Appeal was distinctly overruled in an elaborate…
2Cases cited8 opinions
- Glading v. FrickSupreme Court of Pennsylvania · 1879
- M'Lanahan v. ReesideSupreme Court of Pennsylvania · 1840
- Luch's AppealSupreme Court of Pennsylvania · 1862
- First National Bank v. Holmes, Lafferty & Co.Supreme Court of Pennsylvania · 1877
- Shebel & Hill v. BrydenSupreme Court of Pennsylvania · 1886
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3Cited by11 opinions
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- Ivey v. DawleySupreme Court of Florida · 1905
- Lefever v. ArmstrongSuperior Court of Pennsylvania · 1901
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