Fries v. Null

Citations

• 154 Pa. 573
• 26 A. 554
• 1893 Pa. LEXIS 938

Syllabus

<p>Deeds — Mortgages—Recording act — Act of March 18, 1775.</p> <p>A mortgage recorded after the expiration of six months from the date of its execution has priority over a deed recorded within six months from the date of the execution of the deed, if the recording of the mortgage is prior in date to the recording of the deed.</p> <p>A mortgage was executed on April 2, 1875, and recorded on Oct. 4,1875, which was more than six months after the date of execution. A deed for the same land was executed on April 6, 1875, and recorded Oct. 5, 1875, which was one day less than six months after its execution. Held, that the mortgage had priority of lien to the deed.</p> <p>Mr. Justice Williams and Mr. Justice Mitchell, dissent.</p> <p>Recording act of March 18, 1775.</p> <p>The .recording act of Mai’ch 18, 1775, relates not only to deeds of conveyance but also'to mortgages.</p> <p>Practice, Supreme Court — Assignments of error — JSxeeptions.</p> <p>Error may be assigned to answers to points, or to the charge of the court, although no exceptions were taken to the answers or the charge in the court below.</p>