Bennet v. Paine
Supreme Court of Pennsylvania
ERROR to the common pleas of Bradford county. Selah Paine against Benjamin Bennet. Ejectment. On the trial of this cause the plaintiff offered in evidence a deed from John C. M’Allister to himself, acknowledged before Archibald Orne. The acknowledgement was in due form, except that it did not set out the magisterial character of the person who took the acknowledgement.
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ERROR to the common pleas of Bradford county. Selah Paine against Benjamin Bennet. Ejectment. On the trial of this cause the plaintiff offered in evidence a deed from John C. M’Allister to himself, acknowledged before Archibald Orne. The acknowledgement was in due form, except that it did not set out the magisterial character of the person who took the acknowledgement. To supply this defect the plaintiff offered in evidence a copy of the commission and oaths of office of Archibald Orne as justice of the peace, certified by the recorder of Dauphin county to be a true copy taken from the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The certificate of acknowledgement certainly contains no assertion of magisterial character. It is not affirmative of either office or place ; but may not proof of these, as in The Commissioners v. Ross, 3 Binn. 539, be supplied aliuride? In that case, a deposition, in the caption of which it was neither stated nor apparent that the examiner was a justice for the county, was received on the authenticatiomof the fact by the prothonotary’s certificate; and in what does it differ from the present1? In nothing, pefhaps, but that the identity…
2Cases cited1 opinion
- Commissioners of Berks County v. RossSupreme Court of Pennsylvania · 1811
3Cited by8 opinions
- In Re Executive House AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- Turner v. St. JohnNorth Dakota Supreme Court · 1898
- Lockhead v. Berkeley Springs Waterworks & Improvement Co.West Virginia Supreme Court · 1895
- In Re RiceUnited States Bankruptcy Court, E.D. Pennsylvania · 1991
- Angier v. SchieffelinSupreme Court of Pennsylvania · 1872
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