McCandless v. Engle
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Indiana county, in ■which this was a scire facias sur mortgage by T. M. McCandless for the use of James Sutton, against John Engle and Rachel his wife. * The mortgage was made July 23d 1857 by John Engle and wife to Thomas M. McCandless on a tract of land alleged to be the separate property of the wife, the principal question arising both on the admission of evidence and the instructions of the court as to the validity of the…
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Error to the Court of Common Pleas of Indiana county, in ■which this was a scire facias sur mortgage by T. M. McCandless for the use of James Sutton, against John Engle and Rachel his wife. * The mortgage was made July 23d 1857 by John Engle and wife to Thomas M. McCandless on a tract of land alleged to be the separate property of the wife, the principal question arising both on the admission of evidence and the instructions of the court as to the validity of the acknowledgment of the wife. The certificate of the justice was regular and showed an acknowledgment in accordance with the Act of…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
— In Michener and Wife v. Cavender, 3 Wright 337, almost the identical questions raised here were then determined, and against the position taken here by the plaintiff in error. My brother Woodward, in delivering the opinion of the court in that case, said, “ In cases of fraud and imposition, or duress, parol evidence has been freely admitted to overthrow the certificate (of acknowledgment), as in Schrader v. Decker, 9 Barr 14; Louden v. Blythe, 4 Harris 532; Same v. Same, 3 Casey 25 ;” to which I may add Daily v. Foster, 2 Wall. U. S.…