Prouty v. Marshall

Citations

• 36 Pa. Super. 527
• 1908 Pa. Super. LEXIS 199

Syllabus

<p>Mortgage — Scire facias sur mortgage — Record—Prima facie case — Evidence.</p> <p>A scire facias upon a mortgage is founded on the instrument itself, not upon the record of it.</p> <p>The production of a mortgage duly executed and acknowledged and having indorsed thereon the proper certificate of the recorder, followed by the proof of mortgagor’s default in payment,, the balance due and unpaid, and the terre-tenant’s possession, constitutes a prima facia case for the plaintiff against the terre-tenant. It is not necessary for the plaintiff to produce in chief other evidence of the recording of the instrument, or of the date when it was left for record.</p> <p>If a mortgage entitled to be recorded is left with the proper officer for that purpose, and the fees are paid, and is not withdrawn until there is indorsed thereon the recorder’s certificate stating date of entry of record and the volume and page of the mortgage book, and there is nothing to show why the mortgagee should not rely upon such certificate, his lien will be protected against a subsequent purchaser without actual knowledge of its existence, although by mistake of the recorder or his clerk, the name of the mortgagor is not correctly transcribed in the mortgage book nor in the mortgage book index.</p>