Coleman v. Reynolds

Citations

• 181 Pa. 317
• 37 A. 543
• 1897 Pa. LEXIS 546

Syllabus

<p>Deed — Title—Destruction of deed — Conveyancing.</p> <p>Title once passed by a delivered deed cannot be dives!ed by mere destruction of the deed, but this refers to the destruction of title, not to its strengthening which may always be done by additional conveyances even if not legally necessary; and the conveyancing may be changed to suit the convenience or whim of the parties at any time until' other rights intervene. A deed of release or quitclaim or confirmation is a valid instrument, although it may in fact convey no interest in the land, and have no other legal effect than to quiet the fears of the parties.</p> <p>Deed — Conveyancing—Recording deed — Searches—Mortgage.</p> <p>Ordinary practice in conveyancing should always carry the search against the grantor down to the date of the recording of his deed, if it has not been recorded within six months of its execution.</p> <p>C. sold and conveyed to R. and L. a tract of land and received from them a purchase money mortgage which was duly recorded. The deed however was not recorded at the time. R. and L. having disagreed, the latter conveyed his interest in the land to the former and desired to be released from the obligation of his bond and mortgage to C. The parties thereupon agreed that the mortgage and the unrecorded deed should be canceled, and a new deed from C. to R. alone and a mortgage from R. to C. should be substituted in their place. This arrangement was carried out and the new deed and the new mortgage were executed, and about two weeks after-wards were recorded. On the same day the first mortgage was satisfied of record. After the execution of the new deed and mortgage, but before they were recorded, a judgment was entered against R. About eighteen months afterwards R. put on record the first deed from C. to himself and L. The properly was subsequently sold at sheriff’s sale to W. Held, (1) that the second deed and mortgage, were valid and effective instruments in substitution for the first deed