Farabee v. McKerrihan

Citations

• 172 Pa. 234
• 33 A. 583
• 1896 Pa. LEXIS 766

Syllabus

<p>[Marked to be reported.]</p> <p>Deeds — Mortgages—Recorder of deeds — Recording in wrong book.</p> <p>Where certain instruments of writing are not required by law to be recorded in a particular book, they may be recorded in any book kept by the recorder.</p> <p>When the holder of an instrument to be recorded has left it with the recorder to be recorded, it is to be regarded as actually recorded from that time, whether it was actually recorded at that time or not, or whether it was recorded in the wrong book.</p> <p>A mortgage left at the recorder’s office to be recorded, but actually recorded in the deed book and indexed in the index of deeds, is sufficiently recorded to constitute a lien from the time it was left for record: Glading v. Frick, 88 Pa. 460, overruling Luch’s Appeal, 44 Pa. 519.</p> <p>The act of March 18, 1875, P. L. 32, directing that recorders shall prepare and keep two indexes of deeds and two of mortgages, direct and adsectum, does not contain any repeal of the prior legislation of the state-' relating to the recording of deeds and mortgages, and does not assume to create any new rule of constructive notice of recorded instruments, and in no way impairs the rule laid down in Glading v. Frick, 88 Pa. 460.</p> <p>Mortgage — Future advancements — Amount secured by mortgage.</p> <p>A mortgage by its terms was to secure only future advancements. The mortgagee had advanced a certain amount to the mortgagor before the mortgage was given. On the day the mortgage was executed the mortgagor gave to the mortgagee a note under seal for the amount of the prior advancements, payable in four years, which contained the clause: “Being a part of the amount secured by my deed, dated March 20, 1884.” Held, that the sum named in the note was a part of the indebtedness to secure which the mortgage was given.</p>