Nice's Appeal
Supreme Court of Pennsylvania
Appeal by Decatur E. Nice and William Donaldson, from the decree of the Orphans’ Court of Sclmylleill county, distributing the estate of Charles W. Hegins, deceased. On the 30th of December 1857, Judge Iiegins executed a mortgage to George H. Olay in the sum of $4000, in trust, to secure the appellants and other creditors of the judge.
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Appeal by Decatur E. Nice and William Donaldson, from the decree of the Orphans’ Court of Sclmylleill county, distributing the estate of Charles W. Hegins, deceased. On the 30th of December 1857, Judge Iiegins executed a mortgage to George H. Olay in the sum of $4000, in trust, to secure the appellants and other creditors of the judge. The mortgage was on certain real estate in Northumberland county, and was signed by the judge, but not witnessed, acknowledged or recorded, but was sent to the judge, who was then in Sunbury. It remained in his possession at his death. The account of his…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
By the terms of the Act of 28th May 1715, no mortgage, or defeasible deed in the nature of a mortgage, shall pass the estate it purports to convey unless it be recorded within six months. But it has been held that an unrecorded mortgage is not wholly inoperative. It will avail against the mortgagor himself, or his alienee or mortgagee with notice or a voluntary assignee for creditors ; and a mortgage for purchase-money is good against a judgment-creditor with actual notice before his debt was contracted: Mellon’s Appeal, 8 Casey 121;…
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