Downing v. Glen Rock Oil Co.

Citations

• 207 Pa. 455
• 56 A. 995
• 1904 Pa. LEXIS 498

Syllabus

<p>Mortgage—Leasehold mortgage—Recording acts—Acts of April 27, 1855, P. L. 368, and May 13, 1876, P. L. 160.</p> <p>Where a lease and a mortgage on the leasehold covered by the lease, are left for record in the recorder’s office on the same day, and are recorded at the same time, the former in a deed book, and the latter in a mortgage book, there is a sufficient compliance with the act of April 27, 1855, which requires the mortgage to be “ placed on record in the proper county, together with the lease.” It is not necessary that the mortgage should refer to the book and page where the lease is recorded as provided by the act of May 13,1876. The latter act applies only where, by reason of the lease having been previously recorded, or other similar cause, the provisions of the act of Í855, as to recording the mortgage and lease together cannot be literally complied with.</p>