Safe Deposit & Title Guaranty Co. v. Linton

Citations

• 213 Pa. 105
• 62 A. 566
• 1905 Pa. LEXIS 382

Syllabus

<p>Deed — Mortgage—Defeasance—Recording—Act of June 8, 1881, P. L. 84.</p> <p>Where a grantee in a deed absolute on its face, executes subsequently to the deed a paper in which he agrees to pay a mortgage with interest then due, to advance a sum stated, and to pay the taxes on the land, and thereafter to reconvey the property to the grantors when they should refund the amount advanced with interest and costs, such paper is a defeasance; but if it is not recorded within sixty days from its date as provided by the Act of June '8, 1881, P. L. 84, it cannot be admitted to convert the deed into a mortgage.</p>