Spencer v. Reese
Supreme Court of Pennsylvania
Appeal, No. 99, Oct. T., 1894, by plaintiff, from decree of C. P. Clarion Co., April T., 1890, dismissing bill in equity. Bill in equity to reform certificate of acknowledgment of married woman to mortgage.
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Appeal, No. 99, Oct. T., 1894, by plaintiff, from decree of C. P. Clarion Co., April T., 1890, dismissing bill in equity. Bill in equity to reform certificate of acknowledgment of married woman to mortgage. Before Clark, P. J. From the record it appeared that the acknowledgment before a justice of the peace certified that “ the above-named Isaiah Reese and M. C. Reese, his wife, acknowledged the foregoing indenture of mortgage to be their act and deed, and desired that the same might be recorded as such. She, the said M. C. Reese, being examined separate and apart from her said husband,…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
This is a proceeding under the act of 25th of May, 1878, to reform a defective certificate of the acknowledgment of a mortgage by a married woman. The defect in the certificate which it is sought to remedy is that it does not appear that upon her separate examination by the magistrate he read or otherwise made known to her the full contents of the mortgage and that she thereupon declared that she did voluntarily and of her own free will and accord sign and seal and as her act and deed deliver the same. It is alleged in the bill that the mortgage was in fact properly…
2Cases cited6 opinions
- Glidden v. StruplerSupreme Court of Pennsylvania · 1866
- Trimmer v. HeagySupreme Court of Pennsylvania · 1851
- Hornbeck v. Mutual Building & Loan Ass'nSupreme Court of Pennsylvania · 1879
- Graham v. LongSupreme Court of Pennsylvania · 1870
- Miller v. WentworthSupreme Court of Pennsylvania · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Duncan v. JenkinsCourt of Appeals of Kentucky (pre-1976) · 1926
- Stewart v. DampmanSuperior Court of Pennsylvania · 1897