Hickman's Estate

Citations

• 40 Pa. Super. 244
• 1909 Pa. Super. LEXIS 597

Syllabus

<p>Equity — Decree—Judgment—Recording act — Judgment index — Deed.</p> <p>1. Where a son accepts in good faith a deed of land from a weak-minded father for the purpose of protecting the father’s interest, and thereafter pays judgments and charges against the land, and after the father’s death all of the other heirs join in a bill in equity to secure the cancellation of the deed, the court in decreeing cancellation will direct that the advances shall be repaid the son and until repaid, shall remain a charge upon the land. If the land is subsequently sold in partition proceedings the charges will be payable out of the proceeds; and it. is immaterial that the decree was entered in the judgment index against the heirs of the decedent without naming them specifically. The recording act does not apply to the parties in such case; but even if it did, they had as parties in the equity suit actual notice of the decree, and were therefore bound by it.</p> <p>2. Even a party entitled to notice from the judgment docket may receive it from some other source and be bound. He is not required to look elsewhere and cannot be affected by constructive notice unless the entry in the docket conform to the legal requirements, but actual notice to such party before his interest attaches affects him.</p>