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· 7/21/1898

Davis v. Monroe

Citations

  • 187 Pa. 212
  • 41 A. 44
  • 1898 Pa. LEXIS 793

Syllabus

<p>Deed — Recording deed — Notice—Constructive notice.</p> <p>The record of a deed is notice only to those who are bound to search for it, including parties subsequently dealing with the land or concerned with .its title; but it is no notice to the grantor in the deed.</p> <p>Deed — Fraud—Statute of limitations — Ejectment.</p> <p>Where a tract of land is included in a deed by the. active fraud of the grantee, and without knowledge of the grantor who continues in possession of the tract, the statute of limitations will not begin to run against the grantor until discovery of the fraud, or until he has such notice as puts him upon inquiry.</p> <p>Deed — ■Acknowledgment of deed — Fraud—Justice of the peace — Evidence —Competency of witness.</p> <p>That a justice of the peace knowing of a fraud takes an acknowledgment of a deed by which the fraud is to be carried out, and says nothing at the time to the parties defrauded, is a circumstance which may affect his credibility with the jury, but which does not make him an incompetent witness in a contest between the original parties.</p>

Judges: Fell, Green, McCollum, Mitchell, Sterrett

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