Kerns v. Swope
Supreme Court of Pennsylvania
ERROR to Bedford county common pleas. This was an action of ejectment by Abraham Kerns against Peter Swope and John King, in which, to maintain the issue on the part of the defendant, there was offered in evidence an exemplification of a deed from Joseph Wharton to the Bank of North America, taken from the records of Huntingdon count]7, together with a memorandum or agreement written at the bottom of the deed, purporting to have been signed by Joseph Wharton, and which was…
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ERROR to Bedford county common pleas. This was an action of ejectment by Abraham Kerns against Peter Swope and John King, in which, to maintain the issue on the part of the defendant, there was offered in evidence an exemplification of a deed from Joseph Wharton to the Bank of North America, taken from the records of Huntingdon count]7, together with a memorandum or agreement written at the bottom of the deed, purporting to have been signed by Joseph Wharton, and which was written under the acknowledgement, in these words ;— “Memorandum. It is mutually covenanted and agreed by and between the…
1Opinion of the Court
The opinion of the Court, was delivered by
Gibson, C. J.
—In Heister v. Fortner, it was determined that the registry of a deed defectively proved or acknowledged, is not constructive notice even as to land in the proper county; and in the Lessee of Simon v. Brown, it is said to be no evidence of notice whatever. These authorities are not controverted-; but, it has been intimated that a presumption may arise of actqal inspection of the defective registry, which is said to amount to actual notice of the contents of the original paper. The ground of the supposed presumption is the fact that the…
2Cases cited2 opinions
- Ripple v. RippleSupreme Court of Pennsylvania · 1829
- Lessee of Scott v. LeatherSupreme Court of Pennsylvania · 1801
3Cited by23 opinions
- Carpenter v. DexterSupreme Court of the United States · 1869
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Woods v. FarmereSupreme Court of Pennsylvania · 1838
- Hall v. LivingstonCourt of Chancery of Delaware · 1869
- Brenner v. LesherSupreme Court of Pennsylvania · 1938
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