Legal Opinion

Miller v. Ruble

Supreme Court of Pennsylvania

Decided October 20, 1884No. 38PublishedCited by 4 opinions

Error to the Court of Common Pleas of WasMngcon county: Of October and November Term, 1884, No. 38. Ejectment, by William L. Ruble and Elmira Ruble his wife, in her riglit, against James M. Miller, and Bailey and Brun-dage (the two latter being tenants in possession under Miller), to recover the undivided, fourth part of a tract of land in East Bethlehem Township. Plea, not guilty.

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Error to the Court of Common Pleas of WasMngcon county: Of October and November Term, 1884, No. 38. Ejectment, by William L. Ruble and Elmira Ruble his wife, in her riglit, against James M. Miller, and Bailey and Brun-dage (the two latter being tenants in possession under Miller), to recover the undivided, fourth part of a tract of land in East Bethlehem Township. Plea, not guilty. On the trial, before Hart, P. J., it was admitted that Aaron Plor.ton died intestate February 27th, 1866, seised of the tract in question, leaving to survive him as his heirs-at-law four children: Thomas,…

1Opinion of the CourtChief Justice Mercury

It is true at an early day in England signing was not considered essentially necessary to the validity of a deed. It is not stated as one of the things necessarily incident to a deed at common law: Co. Litt. L. 1, C. 5, Sec. 40, 35 b. A due sealing thereof was deemed a sufficient execution. This, however, was by reason of a very general inability to read or write: 1 Reeves’s Hist. of Eng. Law 184, in note. In 1 Blackstone’s Com. 305, it is said to be requisite that the party whose deed it is should “ seal, and now, in most cases, I apprehend should sign it also.” Pie proceeds to state that…

2Cases cited1 opinion

  1. Morris's Lessee v. VanderenSupreme Court of the United States · 1782

3Cited by4 opinions

  1. Bingler v. BowmanSupreme Court of Pennsylvania · 1899
  2. Carr v. H. C. Frick Coke Co.Supreme Court of Pennsylvania · 1895
  3. Keller v. Donkin, Pennsylvania Court of Common Pleas, Schuylkill County1938
  4. Rucci's EstatePennsylvania Orphans' Court, Lawrence County · 1946

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