Davis v. Martin

Citations

• 8 Pa. Super. 133
• 1898 Pa. Super. LEXIS 25

Syllabus

<p>Evidence — Record adds nothing to intrinsic efficacy of a deed.</p> <p>The recording acts add nothing to a deed which the original instrument lacks, and when the effect of a recorded deed, as evidence in a case, depends npon the performance of cotenants, this must be shown. The record in the recorder’s office adds nothing to the intrinsic efficacy of a deed as evidence.</p> <p>Conveyance in consideration of support — Equity rules govern — Burden of proof.</p> <p>In transactions intended to secure to the grantor a competent support during life, a deed, no matter how strong its words in the present tense, will not pass the estate, if from the other parts of the instrument the intention appears to be otherwise.</p> <p>Such conveyances are to be regarded as executory contracts, subject to the rules of equity as to their construction and enforcement. The burden of proving performance of the conditions and stipulations of the deed by the grantee rests with him and the failure to meet this burden operates to defeat his claim.</p>