Stewart v. Dampman

Citations

• 4 Pa. Super. 540
• 1897 Pa. Super. LEXIS 158

Syllabus

<p>Mortgage — Defective acknowledgment — Act o/T878.</p> <p>A court of equity will not reform a defect in the acknowledgment o£ a mortgage under the provisions of the Act of May 25, 1878, P. L. 149, when the rights of third parties without noticedmve intervened, it being well settled that the defective registry of a deed is a nullity which a purchaser is not bound to notice.</p> <p>Statutes — Defective acknowledgment — Notice—Act of 1891.</p> <p>The Act of May 12, 1891, P. L. 53, is not retroactive so as to vitalize a defective acknowledgment to a mortgage which as it stood was not a recordable instrument, and therefore a nullity which a purchaser was not bound to notice.</p>