1 Pennyp. 339 | Pa. | 1881
delivered the opinion of the court
“If the jury find from inspection and other evidence that the date of the assignment or transfer by Guthrie to Maguire of his title deed for tlie land in controversy, and also the date of the acknowledgment thereof, were erased, mutilated and changed on the paper itself from December 20th 1875 to December 20th 1874. it would render such assignment or transfer fraudulent and void, and being in tlie direct lino of bis title, defendant was bound to take notice of it, and if be failed to do so he is not an innocent purchaser without notice, and the verdict of the jury should he for the plaintiffs for the land in controversy.”
’ The hypothetical facts of this point were an absolute obliteration of the actual date of an instrument conveying title to land, and the substitution, in place thereof, of an anterior and false date. Beyond all question, such an alteration of such an instrument would be a forgery as against any person affected by the change, and who was not a party or privy to it. The plaintiffs claim to be, and apparently are, such persons. They acquired title by purchase at sheriff’s sale under a judgment entered August 6th 1875. "Whatever title Guthrie, the defendant in that judgment, had on that day, in the land in controversy, passed to the plaintiffs by their-purchase. This gives them a sufficient interest to question the condition of Guthrie’s title. Now the legal effect of the alleged alteration was to divest Guthrie’s title as of August 6th 1875, by subjecting it to the operation of a transfer dated December 20th 1874. lie held title by a deed in fee simple dated September 6th 1872, which on its face contained no conditions or qualifications. But the defendant Clapp claims to have been, and apparently is, an innocent purchaser for value of Guthrie’s title as it stood on the record. Tested by tlie record alone, bis claim would be good because that afforded no evidence of the forgery. In this condition of things the plaintiffs’ second point was put in order to charge the defendant with the effect of the forgery, for the reason that the forged instrument was itself a link in his chain of title. He does, and must claim title directly through that paper. The question is reduced to one of the plainest and simplest character, to wit, does a forged deed pass the title which it assumes to convey, as against one who has no participation in, or knowledge of the forgery % Of course it can accomplish no such result.
The second point of the plaintiffs was answered by the court below by their saying, in effect, that tlie defendant would not be affected by tlie forgery, because lie could assert the rights of an innocent purchaser without notice if he used reasonable diligence to obtain access to the original papers, but without success, and the title, as recorded, was fair and free from blemish. The consequences of such a doctrine would be of a most
We are clearly of opinion that the learned court below was in error in the answer to the defendant’s second point, and for that reason the judgment must be reversed. The views we have expressed require a modification of the answers given to the defendant’s third and seventh points, and the case is also reversed on the seventh and ninth assignments, in which those answers are complained of. As to the other matters presented by the various assignments, we forbear discussing or deciding them, for the reason that the case goes back for another trial and these questions maybe affected by testimony to be then delivered.
Judgment reversed, and venire facias de novo awarded.