Stewart v. Dampman
Superior Court of Pennsylvania
Appeal, No. 24, March T., 1897, by plaintiffs, from judgment of C. P. York Co., Jan. T., 1896, No. 2, on demurrer. Demurrer to bill in equity.
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Appeal, No. 24, March T., 1897, by plaintiffs, from judgment of C. P. York Co., Jan. T., 1896, No. 2, on demurrer. Demurrer to bill in equity. Before Bittenger, P. J. Tbe bill alleged that Mr. and Mrs. Dampman executed and delivered a mortgage to the plaintiff April 1, 1870, .against real estate belonging to Mrs. Dampman, that they acknowledged it, and the separate examination required by law was duly made by a justice of the peace on the same day; and that however, the certificate of acknowledgment appended to said mortgage neglected to disclose that the wife had been examined separately and…
1Opinion of the Court
Opinion by
Beaver, J.,
A bill in equity was filed in the court below by the appellant, a mortgagee, in accordance with the provisions of the Act of May 25, 1878, P. L. 149, praying for a decree for the reforming of a certificate of acknowledgment to a mortgage defective in form but which it was alleged was in fact really properly acknowledged in due form of law by the mortgagors. If the bill had included as defendants none but the mortgagors, and no intervening rights had accrued, and if the facts alleged in the petition had been properly proved, the plaintiff would have been entitled to a…
2Cases cited3 opinions
- Journeay v. GibsonSupreme Court of Pennsylvania · 1868
- Bolton v. JohnsSupreme Court of Pennsylvania · 1847
- Spencer v. ReeseSupreme Court of Pennsylvania · 1895
3Cited by1 opinion
- In Re RiceUnited States Bankruptcy Court, E.D. Pennsylvania · 1991