Logan v. Neill

Citations

• 128 Pa. 457
• 18 A. 343
• 1889 Pa. LEXIS 806

Syllabus

<p>1. If one who has hut an inchoate or imperfect title to land conveys the land to another by deed of general warranty, and subsequently acquires a good title thereto, the latter title will inure to the benefit of his vendee.</p> <p>2. A purchaser of land from one who has no deed therefor, in his possession or upon record, without notice that the title is actually in another, must appear to have acted not only in good faith but with extreme vigilance, for equity will refuse to protect the careless and slothful.</p> <p>(á) A plaintiff in ejectment knew when he purchased the title to land under which he claimed, that his vendor had no deed therefor in his possession and none upon record; he knew also that the defendant held a deed from one Nesmith under which he claimed title.</p> <p>(6) The deed from Nesmith to the defendant would have disclosed that the title of plaintiff’s vendor had been conveyed by him to Nesmith nearly twenty years before, but, though the plaintiff had inquiry made of Nesmith, he had none made of the defendant.</p> <p>3. In such ease, the plaintiff, when he purchased, was put upon inquiry as to the existence, whereabouts and condition of the deed upon which his vendor’s title depended, and was affected with notice of whatever the deed in the defendant’s possession would have disclosed to him.</p>