Gillespie v. Buffalo, Rochester & Pittsburg Railway Co.

Citations

• 17 Pa. Super. 569
• 1901 Pa. Super. LEXIS 358

Syllabus

<p>Deeds — Recording act — Act of March 18, 1775.</p> <p>A deed recorded after the expiration of six months from the date of its execution, has priority over a subsequent deed recorded within six months from its execution, if the recording of the first deed is prior in date to the recording of the second deed. (Fries v. Null, 154 Pa. 573, followed.) The grantee in the second deed by taking possession and making improvements, does not thereby acquire a title superior to that of the grantee in the first deed.</p> <p>Where an owner of land conveys it by deed, but retains possession, and thereafter makes a second deed and delivers possession to the grantee in it, and the first deed is recorded after six months from its date, but prior to the recording of the second deed which, however, is recorded within six months from its date, and the grantee in the first deed is ignorant of the entry upon and use of the land by the grantee under the second deed, the grantee in the first deed is entitled to recover the land in ejectment.</p>