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" That no defeasance to any deed for real estate regular and absolute upon its face, made after the passage of this act, shall have the effect of reducing it to a mortgage, unless the said defeasance is made at the time the deed is made and is in writing,... "
The York Legal Record - Page 100
1904
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Laws Enacted in the General Assembly of the Commonwealth of Pennsylvania ...

Pennsylvania. Laws, statutes, etc - 1881 - 724 pages
...ACT Relating to and defining defeasances in this commonwealth. SECTION 1. Be. it enacted, &c., That no defeasance to any deed for real estate regular...in the deed to the grantor, and is recorded in the ollice for the recording of deeds and mortgages in the county wherein the said lands are situated,...
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Montgomery County Law Reporter, Volume 7

1892 - 230 pages
...with the oral defeasance. Now, it must be in writing of the same date as the deed, and must also be signed, sealed, acknowledged and delivered by the grantee in the deed ,to the grantor, and must also be recorded within sixty days from the execution thereof. Each of these requirements is absolutely...
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The Atlantic Reporter, Volume 19

1890 - 1134 pages
...mortgage in spite of the act of 1081. PL 84. We cannot sustain thisposition. The act declares ' that no defeasance to any deed for real estate, regular...delivered by the grantee in the deed to the grantor, anil is recorded * * * within sixty days from the execution thereof,' etc. It has been expressly decided...
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The Atlantic Reporter, Volume 49

1901 - 1162 pages
...1881 (PL 84), provides that "no defeasance to any deed for real estate, regular upon its face, * * « shall have the effect of reducing it to a mortgage,...delivered by the grantee in the deed to the grantor, and recorded * » * within sixty days from the execution thereof." Held, that a contemporaneous written...
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Atlantic Reporter, Volume 17

1889 - 1132 pages
...effect of reducing it toa mortgage unless the defeasance is made at the time the deed is made, and in writing, signed, sealed, acknowledged, and delivered...grantee in the deed to the grantor, and is recorded, etc. How this impairs the obligation of a contract, we are at a loss to see. It simply provides that...
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Atlantic Reporter, Volume 25

1893 - 1164 pages
...with the oral defeasance. Now. it must be in writing, of the same date as the deed, and must also be signed, sealed, acknowledged, and delivered by the grantee in the deed to the grantor, and must nlso be recorded within sixty days from the execution thereof. Each of these requirements is absolutely...
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The Atlantic Reporter, Volume 63

1906 - 1154 pages
..."entitled to the legal rights of a mortgagor In connection therewith. By the act of June 8, 1881 (PL 84), no defeasance to any deed for real estate, regular and absolute upon its face, shall have the effect of reducing It to a mortgage, unless the defeasance Is made at the time the deed...
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Law of Real Property: Being a Complete Compendium of Real Estate ..., Volume 9

Emerson E. Ballard, Tilghman Ethan Ballard - 1903 - 948 pages
...1881, p. 84, providing that "no defeasance to any deed for real estate, regular upon its face, * * * shall have the effect of reducing it to a mortgage,...the deed is made, and is in writing, signed, sealed, and acknowledged, and delivered by the grantee in the deed to the grantor, and recorded * * * within...
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Law of Real Property: Being a Complete Compendium of Real Estate ..., Volume 10

Emerson E. Ballard, Tilghman Ethan Ballard - 1904 - 948 pages
...Austin v. Georgia Loan & Trust Co., li 5 Ga. 152 (41 SE Rep. 264). Pa. Laws 1881, p. 84, providing that "no defeasance to any deed for real estate, regular...have the effect of reducing it to a mortgage," unless such defeasance is duly executed in writing, acknowledged and recorded, does not apply so as to render...
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Principles of Law: Appendix

1906 - 534 pages
...need not join in a mortgage of the husband's realty; her dower will be barred by a sale thereunder. No defeasance to any deed for real estate regular and absolute upon its face shall have the effect of reducing it to a mortgage, unless the said defeasance be made at the time...
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