Michener v. Cavender
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was a scire facias sur mortgage by Thomas S. Cavender against George W. Michener and Eveline E. Michener his wife, dated September 30th 1853, and duly recorded, to secure the payment of $3200. The property covered by the mortgage was the separate property of Mrs. Eveline E. Michener, which she held under deeds from James Alcorn and wife and Edward W. Clements and wife, neither of which were recorded at the date of the…
Read the full summary
Error to the District Court of Philadelphia. This was a scire facias sur mortgage by Thomas S. Cavender against George W. Michener and Eveline E. Michener his wife, dated September 30th 1853, and duly recorded, to secure the payment of $3200. The property covered by the mortgage was the separate property of Mrs. Eveline E. Michener, which she held under deeds from James Alcorn and wife and Edward W. Clements and wife, neither of which were recorded at the date of the mortgage. The defendants pleaded payment, set-off, and several special pleas, to which replications tendering issue were filed.…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
— Our recording acts having prescribed the form of acknowledgment necessary to be observed by married women in order to make a valid conveyance or mortgage of their interest *337in real estate, this court has held the official certificate of acknowledgment conclusive of every fact appearing on the face of the certificate, and has excluded parol evidence of what passed at the time of the acknowledgment, except in cases of fraud and duress. But in cases of fraud and imposition, or of duress, parol evidence has been freely admitted to overthrow…
2Cited by7 opinions
- Severtson v. PeoplesNorth Dakota Supreme Court · 1914
- Steel v. SnyderSupreme Court of Pennsylvania · 1928
- Smith v. MarklandSupreme Court of Pennsylvania · 1909
- Gustine v. WestenbergerSupreme Court of Pennsylvania · 1909
- Jones v. Equitable Building & Loan Ass'nCourt of Appeals of Texas · 1931
2 more not listed; retrieve them via the Exa API.