Souder v. Morrow
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was a scire facias on a mortgage by Hugh Morrow, assignee of Matthew Semple, against William F. Souder and Elizabeth his wife, and terre tenants. ,i On the 2d December 1855, William F. Souder and Elizabeth • / his wife, executed the mortgage in question to secure to Matthew Semple the sum of $2000 and interest.
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Error to the District Court of Philadelphia. This was a scire facias on a mortgage by Hugh Morrow, assignee of Matthew Semple, against William F. Souder and Elizabeth his wife, and terre tenants. ,i On the 2d December 1855, William F. Souder and Elizabeth • / his wife, executed the mortgage in question to secure to Matthew Semple the sum of $2000 and interest. It was not recorded until the 27th November 1855. On the 1st October 1855, the mortgagors conveyed the mortgaged premises to Samuel M. Hager, without notice of the mortgage; on the 31st October 1855, Hager conveyed the same to Levi H.…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
There is some merit in obeying the law of the land, and some danger incurred by not doing it: and- this remark applies to the recording acts, as this case shows. People ought to have their titles to land recorded, because the law requires it for the public good, and because there is safety in so doing.
The Act of 1775 requires the recording of both deeds and mortgages, and gives the very law of this case in fixing the penalty of disobedience. It says they shall be void against subsequent purchasers and mortgagees, if not recorded in proper…
2Cases cited2 opinions
- Lightner v. MooneySupreme Court of Pennsylvania · 1840
- Poth v. AnstattSupreme Court of Pennsylvania · 1842
3Cited by6 opinions
- Fries v. NullSupreme Court of Pennsylvania · 1893
- Southwestern National Bank v. RiegnerSupreme Court of Pennsylvania · 1927
- Duff v. PattersonSupreme Court of Pennsylvania · 1893
- Director General of Railroads v. Pottstown Steel Co., Pennsylvania Court of Common Pleas, Berks County1923
- MERSCORP v. Delaware Co., Aplts.Supreme Court of Pennsylvania · 2019
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