O'Donnell v. Vandersaal

Citations

• 213 Pa. 551
• 63 A. 60
• 1906 Pa. LEXIS 528

Syllabus

<p>Deed — Mortgage—Defeasance—Act of June 8, 1881, P. Jj. 81.</p> <p>Under the Act of June 8, 1881, P. L. 84, a deed absolute upon its face cannot be reduced to a mortgage, unless a defeasance is made at the time the deed is made, and is in writing, signed, sealed, acknowledged and delivered by the grantee in the deed to the grantor, and recorded in the recorder’s office within sixty days from its execution. A grantee in such a deed cannot be declared in equity a trustee ex maleficio, where no fraud is charged.</p>