Adamson v. Souder

Citations

• 205 Pa. 498
• 55 A. 182
• 1903 Pa. LEXIS 604

Syllabus

<p>Deed — Collateral security — Antecedent debt — Recording act — Trust and trustees — Declaration of trust — Husband and wife.</p> <p>Where a wife joins in a deed with her husband by which they convey whatever interest they may have in the lands of the husband’s deceased brother, the wife by joining in the deed conveys no lands that belong to herself. In such a case she only joins in the deed for the purpose of passing any inchoate right of dower that she may have in the lands of her husband.</p> <p>A grantee in a deed who takes the land conveyed as collateral security for an antecedent debt is not a purchaser for value within the protection, of the recording acts.</p> <p>Where the purchase money of real estate belongs to the wife of a brother of the grantee, and the grantee on the day of the date of the deed executes a declaration of trust in favor of his sister-in-law, which declaration is not recorded until long after his death and the brother after the death of the grantee and before the declaration of trust is- recorded, executes with his wife a deed to another person of all his interest in his deceased brother’s estate, as collateral security for an antecedent debt, the land belonging to the wife and covered by the declaration of trust does not pass by such deed, nor is the grantee in such deed a purchaser for value within the protection of the recording acts as against the woman who really owned the land.</p>