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GUSTAV WACK, appellant, v. COLLINGSWOOD EXTENSION REALTY COMPANY et al.,respondents.

1. Defendant executed a mortgage to complainant on property it had conveyed out of itself more than two years before. Complainant recorded his mortgage. Several months later, defendant reacquired title to the mortgaged premises, but simultaneously conveyed the premises away. Held, that the complainant may not foreclose against a subsequent grantee who never had notice of his mortgage.

2. The purpose of the Registry act is to give notice of conveyances. Under the circumstances of this case, the present owner of the land could never have had notice of complainant's mortgage by following the usual search routine and relying upon the records of deeds and mortgages. Having had neither actual nor constructive notice of complainant's mortgage, the owner cannot have his land subjected to its lien now.

PER CURIAM.

The decree under review will be affirmed, for the reasons given in the conclusions of Vice-Chancellor Davis, ubi supra. For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 14.

For reversal — None.

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WACK v. COLLINGSWOOD EXTENSION REALTY CO
(Sep 27, 1933)