Rochester Trust Co. v. White

Citations

• 243 Pa. 469
• 90 A. 127
• 1914 Pa. LEXIS 649

Syllabus

<p>Real property — Judgments—Bona fide judgment creditor — Lien of judgment — Resulting trust — Act of June 4, 1901, P. L. 4®6— Ejectment — Binding instructions — Remedial statutes — -Construction.</p> <p>1. There are three points to be considered in the construction of all remedial statutes; the old law, the mischief and the remedy; that is, how the common law stood at the making of the act; what the mischief was for which the common law did not provide; and what remedy the legislature has provided to cure this mischief; and it is the business of the courts so to construe a remedial act as to suppress the mischief and advance the remedy..</p> <p>' 2. A bona fide judgment creditor is one who in good faith, without fraud or collusion, recovers a judgment for money honestly due him.</p> <p>' 3. Prior to the Act of June 4,1901; P. L. 425, providing in effect' that resulting trusts of real property arising by reason of -the taking of the legal title in the name of one other than the real owner shall be void and of none effect as to bona fide judgment creditors without notice, unless a declaration of trust in writing has been recorded; or unless an action of ejectment has been begun by the. real owner, a judgment was a lien only upon lands actually owned by the judgment defendant and against such judgment a secret or resulting trust and an unrecorded title could prevail, however unavailing such titles might, be against mortgagees of the holder of the recorded •fitle or'purchasers from him, without notice that he was not the real owner of the land. The purpose of ,the act was to relieve bona fide judgment creditors from the mischief to which they had been previously unnecessarily subjected.</p> <p>4. The words “without notice” in the Act of 1901, are to be construed with “judgment creditors” as well as with “mortgagees” and “purchasers” and' the notice contemplated fry the act is actual not constructive notice.</p> <p>5. In an action of ejectment where it appeared that ti