McKeen v. Delancy's Lessee

March IT.

delivered the opinion of the court as follows, viz.

This case depends entirely on the acts of the legislature of Pennsylvania, respecting the registering of deeds.

The law -of -Pennsylvania, on this subject, had varied at different times; but as it stood in 1715, when the act passed which must decide this controversy, the recording of a deed was not necessary to its validity; but deeds might be enrolled, and an exemplification was testimony, in all courts.

The act of 1715 established an office of record in *32 each county in ¡(rhích. deeds Were to be recorded, atid disclaréd an exemplification from the, record.to be as good evidence as the original. This act, however, does not make the recording, of a deed essential to. its validitv.

To entitle a deed to be recorded, the act requires that shall be acknowledged' or proved “ before one of the justices of .the peace of the proper county of city where the lands lie.”

In this case the lands lie in different counties ; and the deed was acknowledged before1 John Lawrence, one of the justices of the supreme court of Peunsyl- - vania; and wag recorded in the office for the city and county of Philadelphia,an which a part of the lands lié. The land,/however, for which this suit was brought, lies in.a different county. .

The first ’ question which presents itself in this cause is, was this deed properly proved ?

• 'VVere. this act >of 1715 now, for the first time, to be construed, the opinion of this court would certainly be, that the deed was not regularly proved. A justiée of-the supreme cóürt would not be deemed a justice of the county, and the decision would be, that the . deed was not pioperly proved, and there - fore not legally recorded.

But, in cohstruing the statutes of a átate'on which land titles depend, .infinite mischief would ensue, should this court observe a' different rule from .that which has been long established in the state ; and ifi this casé, the court cannot doubt that the courts o£ Pennsylvania consider, a justice' of the supreme eourt as within ther description of the act.

'It is of some-weight that .this deed was acknowledged by the chief justice, who certainly must have been acquainted • with the construction given to the act, a rid that the acknowledgment was taken before another'judge of the. supreme" court. ■ It is also re-. *33 collected thát the gentlemen of the bar,_ who supported the conveyance, spoke positively' as to the universal understanding of the state, on .this .point, and that those who controverted- the usage ón other points, did not controvert it on this. But what is-decisive with the court is, that the judge who presides in the circuit court for the. district qf Pennsylvania, reports to us that this construction was hniversally received.

On this evidence the court yields, the construction, whidh would be put on the words of the act, to that which the Courts of the state have put on it, and on which many titles may probably depend.

The next question is, was this deed recorded in such ah office as to make the exemplification evidence ?

. Without, reviewing all the arguments which have-been Urged from the bar, of all the sections of the act, it may be sufficient to observe, that this court is satisfied , that, where a single tract .of land is conveyed, the- law requires the deed to be recorded iri the office of the county in which the land lies;. but if several tracts be conveyed, it. appears to this court that neither the letter nor .the spirit of the act requires that the deed should be recorded in each county.

It is material in the construction of this act, that the validity of .the deed is not affected by omitting to record it. Though not recorded, it is still binding to every intent and purpose whatsoever. The only legat effect produced by recording it is its preservation, by making a copy equal to the original.. The principal motive, then, for requiring, that it should., be proved before a justice of the particular county in which the lárfd lies, and recorded in that county, is that which has been assigned at the bar. " It is the additional security given by those provisions, that a deed, never executed, might not .be imposed oh the recorder. This object is as completely obtained by placing the deed on the records of that county iff' *34 which ,c?he of the tracts of land lies, as it could.be if the deed conveyed no. other tract. The verity of the deed is-as completely secured in the one case as in the other.

It appears to the court also to be within the letter of the law. This deed was unquestionably properly admitted fo record in the office of the city and county of Philadelphia. It conveyed lands lying within that city, and county, and, on any construction of the act, might be there recorded. The'act then proceeds to.sáy,‘‘that the copies of all deeds, so enrolled, shall be allowed in all courts where produced,, and are hereby declared and enacted to be as good evidence, and as valid and effectual inlaw, as the original deeds themselves.”

The whole deed, then, is evidence by the letter of the act. The whole is a copy from'the record. If the validity of the conveyance depended on its being recorded in the county where the .land-lies, then a deed might be good as to one tract, and bad as to another. >But the deed is valid, though not recorded;. and the question is, whether the copy is evidence as to every thing it contains. The execution of' the • deed is one entire thing, and is proved so as to admit the instrument to record. The copy, if true in part, is true in the whole ; and if evidence in part,, must, under thekact, and on the general principle that it is the copy of a record, be evidence in the whole.

There is no error in the judgment of the circuit court ¿’and it is affirmed -with costs.-