Mohr v. Scherer

Citations

• 30 Pa. Super. 509
• 1906 Pa. Super. LEXIS 110

Syllabus

<p>Statutes — Repeal—Deeds and mortgages — Recording acts — Indexes.</p> <p>. The general Act of March 18, 1875, P. L. 32, relating to the indexes of deeds and mortgages, repeals the special Act of March 7, 1873, P. L. 222, “regulating the indexing of mortgages in the county of Lehigh.” Farabee v. McKerrihan, 172 Pa. 234, distinguished.</p> <p>A local act is not repealed by a general act on the same subject, even with different or inconsistent provisions; but this rule, being founded on a presumption of legislative intent, will not apply when a contrary intent is clearly apparent.</p> <p>Where the clear general intent of the legislature is to establish a uniform and mandatory system, as in the municipal classification acts, the presumption must be that the local acts are intended to be repealed.</p> <p>Mortgage — Notice—Recording act — Description of property.</p> <p>The record of a mortgage is sufficient notice to a subsequent judgment creditor of the mortgagor, when the mortgage correctly describes the property, except in reciting it as situate in a township, of which it was once a part, when prior to recording the mortgage that part of the township in which the property was situated had been erected into a new township.</p>