Page:United States Reports, Volume 1.djvu/446

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1789.

The Original intent, then, of the makers of the law immediately under confideration, and their principle reaʃon, feems to have been to prevent honeft purchafors, or mortgagees, of real eftate, from being deceived by prior fecret conveyances, or incumberances ; and, therefore, they have directed that fuch conveyances, or incumberances, fhall be recorded in fix months, or that they fhould not be fufficient to pais any eftate. Thus, by having recourfe to the offices of the Recorders, any one may afcertain the previous liens up in the property, which he wifhes to purchafe, or to receive as a pledge ; and this amounts to a conʃtructive notice to all men, and fupercedes the neceffity of expreʃs perfonal notice. But the Legiflature did not mean, nor have they, in fact, enacted, that exprefs perfon notice, where given, fhould have no effect:  Neither could they entertain an idea of defeating fair and honeft bargains, which do not injure other perfons :  And, if this unrecorded deed can be obligatory in no other manner, it may certainly operate as a covenant to ftand feized to ufes. 2 Wils. 72 105.

But why fhould it not be good as between John Levinz and the grantee, fince by conftruing it fo, no one elfe can be hurt, and the deed was clearly delivered for fecuring a juft debt, without any fuggeftion of fraud in the tranfaction? It is true, it would not have been valid againft a fubfequent grantee, or mortgagee, whofe deed or mortgage was regularly recorded ; but we think it is efficient againft John Levinz, and all other perfons ; that the deed, fo far, is fufficient to pafs the lands, and that, under it, the poffeffion of the premifes might have been recovered in an ejectment.

There is a great variety of cafes which concern this opinion, and fome of them have been already city by the Defendant's counfel. Thus, with refpect to church leafes, the ftatute enacts, that they may be made for twenty one years or three lives, from the date; and, it made for a longer term, that they fhall be utterly void, any law, cuftom, or ufage, to the contrary. And, yet, leafes for a longer term have always been adjudged good againft thofe who made them; becaufe, that could no wrong to the fucceffors, or to any other perfons. See 1 Eliz.c. 10. ʃect 5. 3''Bac. Abr.'' 390. Cowp. 141. So, likewife, notice of a judgment, though not docqueted, will bind a purchafor, not withftanding the exprefs words of  the ftatute of 4 and 5 ''Will. and Mary c.'' 20. ʃect. 3 by which it is declared their judgments not docquete, fhall not aƒƒect lands, as to purchafors or mortgagees. 2''Eq. Abr.'' 684. In the cafe of a leafe made in Ireland, where there is a ftatute providing, that all leafes which were not regiftered by a certain day, fhould be void, if a fubfequent leffee had notice of the prior leafe, though not regiftered, it fhall be good againft him. 2''Eq. Abr.'' 282. Ca 19. And, in the inftance of a furrender of a copyhold by way of mortgage, not prefented to the Court in time, the furrender will neverthelefs be valid againft voluntary difpofitions, or creditors ; and that, although by the cuftom of the manor, confirmed by act of Parliament, all fuch furrenders were to be void, if not prefented in twelve Rh