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FIRST CITIZENS NAT. BANK v. SHERWOOD

879 A.2d 178 (2005)

FIRST CITIZENS NATIONAL BANK, Appellant, v. Arthur W. SHERWOOD and Bradford County Recorder of Deeds, Appellees.

Supreme Court of Pennsylvania.

Decided July 20, 2005.

Attorney(s) appearing for the Case

William Alan Shaw, Esq., Richard R. Jennings, Esq., Sayre, for First Citizens National Bank.

Joseph G. Ferguson, Esq., Scranton, for Arthur W. Sherwood, M.D.

Mark William Smith, Esq., Towanda, for Bradford County Recorder of Deeds.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

OPINION

Chief Justice CAPPY.

This is a statutory construction matter. Specifically, we are asked to determine whether a purchaser of real property has constructive notice of a mortgage when the mortgage is properly recorded but defectively indexed. For the reasons that follow, we conclude that the applicable statutory authority mandates that a purchaser in such an instance is deemed to have constructive notice. Accordingly, we reverse the order of...

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