Evans v. Jones
Supreme Court of Pennsylvania
Scire Facias stir mortgage to testator dated ntli August 1759, for securing the payment of iool. ón the 27th September 1775, regularly recorded. The defendants pleaded pay ment, with leave to give the special matters in evidence.
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Scire Facias stir mortgage to testator dated ntli August 1759, for securing the payment of iool. ón the 27th September 1775, regularly recorded. The defendants pleaded pay ment, with leave to give the special matters in evidence. The defence set up (besides the length of time, which was not much insisted on at the trial) was, that the mortgagee never had the possession of the title deeds of the lands, or if he ever was possessed of them, that he had given them up to the mortgagor or his administratrix, (who was his daughter;) and that by reason thereof, the lands had been appraised at their…
1Per curiam
This matter'has already been settled in effect, by the solemn decision of the Supreme Court in the case quoted by the plaintiff’s counsel. In Pennsylvania, “any ‘ ‘ one by having recourse to the offices of the recorders, may “ascertain the previous liens upon the property, which he ‘ ‘ wishes to purchase. ’ ’ The records are constructive notices to all mankind. We still adhere to that opinion. Our situation is very different from that of England, as to transferring or mortgaging landed property. There by a general statute (27 Hen. 8. c. ±6,) bargains and sales alone by deed *173indented, must be…
2Cases cited1 opinion
- Pepper's AppealSupreme Court of Pennsylvania · 1875
3Cited by2 opinions
- Pepper's AppealSupreme Court of Pennsylvania · 1875
- Stephen's AppealSupreme Court of Pennsylvania · 1878