Heeter v. Glasgow
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Huntingdon county: Of May Term 1875, No. 60. This was a scire facias sur mortgage, issued May 16th 1874, by Adam Heeter, A. L. Guss and J. F. Thompson, against Samuel L. Glasgow and Harriet N. Glasgow, his wife.
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Error to the Court of Common Pleas of Huntingdon county: Of May Term 1875, No. 60. This was a scire facias sur mortgage, issued May 16th 1874, by Adam Heeter, A. L. Guss and J. F. Thompson, against Samuel L. Glasgow and Harriet N. Glasgow, his wife. The defendants pleaded payment, and Mrs. Glasgow pleaded beside, non est factum and coverture; she further pleaded, that she did not acknowledge said mortgage as required by the second section of the Act of February 28th 1770, and its supplements. The land covered by the mortgage was the property of Mrs. Glasgow ; it was dated and acknowledged…
1Opinion of the CourtJustice Paxson
The parol evidence offered to impeach the magistrate’s certificate *83appears to have been received without objection. The learned judge of the court below, however, fell into error when he assumed that it was conclusive, and withdrew the question of fact from the jury. Opposed to the parol evidence was the official certificate of the magistrate, showing upon its face that Mrs. Glasgow had executed and acknowledged the mortgage in the manner required by law. No matter what the magistrate may have sworn to upon the trial, the plaintiffs were entitled to have his official act go to the jury-
The…
2Cited by5 opinions
- Lewars v. WeaverSupreme Court of Pennsylvania · 1888
- Heilman v. KrohSupreme Court of Pennsylvania · 1893
- Carr v. H. C. Frick Coke Co.Supreme Court of Pennsylvania · 1895
- Cressona Ass'n v. SowersSupreme Court of Pennsylvania · 1890
- Reichert v. Shuscavage, Pennsylvania Court of Common Pleas, Luzerne County1950