Rhoades v. Selin
U.S. Circuit Court for the District of Eastern Pennsylvania
This was an ejectment [by lessee of Daniel Rhoades and Anthony Snyder) to recover two hundred and fifty acres of land in Union county. The lessors of the plaintiffs claim as the representatives of John Snyder.
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This was an ejectment [by lessee of Daniel Rhoades and Anthony Snyder) to recover two hundred and fifty acres of land in Union county. The lessors of the plaintiffs claim as the representatives of John Snyder. The title of the plaintiffs was as follows: A warrant dated the 17th of March, 1762, which, after reciting a prior order of the proprietor to the surveyor general, dated -. 1754, to survey two thousand acres for Conrad Wiser, which had not been complied with; directs the said quantity of land to be surveyed for the heirs and representatives of the said Conrad Wiser, then deceased.…
1Opinion of the Court
WASHINGTON, Circuit Justice.
The first objection is not in our opinion, well taken. Where the officer who takes the proof or acknowledgment of a deed, styles himself in his certificate an officer, such as the law au-thorises to do the act, that is prima facie evidence of the fact, not only to authorise the recording officer to record the instrument, but in any court of justice. If that fact be not certified by the officer who takes the proof, or acknowledgment the fact that he was such officer may be supplied by other evidence, such as the certificate of the clerk of the court under the seal…
2Cases cited5 opinions
- Schimmelpennich v. BayardSupreme Court of the United States · 1828
- Jackson v. CaryNew York Supreme Court · 1819
- Lessee of M'Intire v. WardSupreme Court of Pennsylvania · 1812
- Todd v. CrookshanksNew York Supreme Court · 1808
- Jackson ex dem. Kemball v. Van SlyckNew York Supreme Court · 1811
3Cited by3 opinions
- Freel v. Market Street Cable Railway Co.California Supreme Court · 1892
- Fidelity Trust Co. v. New York Finance Co.Court of Appeals for the Third Circuit · 1903
- Tebbetts v. TiltonSuperior Court of New Hampshire · 1855