Miller v. Wentworth
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Warren county: January Term 1876, No. 135. Certified from Eastern District. Ejectment, begun May 1st 1873, by Cynthia Miller and others, against Darwin Wentworth. The plaintiffs claimed title as heirs at law of Clarissa Howd; the defendant claimed under a deed to himself from Sylvester and Clarissa Howd.
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Error to the Court of Common Pleas of Warren county: January Term 1876, No. 135. Certified from Eastern District. Ejectment, begun May 1st 1873, by Cynthia Miller and others, against Darwin Wentworth. The plaintiffs claimed title as heirs at law of Clarissa Howd; the defendant claimed under a deed to himself from Sylvester and Clarissa Howd. In March 1867, Clarissa Miles, being seised of the property in question, married Sylvester Howd, at the advanced age of seventy-one years. In the spring of 1871, Howd and his wife sold the property to Wentworth, for $13,429.65, of which part had been paid…
1Opinion of the CourtChief Justice Agnew
The decision of two questions will determine this case. 1. The sufficiency of the acknowledgment of the deed from Mrs. Howd to Darwin Wentworth. 2. The sufficiency of the payment of the stamp duty. As to the first it is to be observed the evidence discloses only irregularity, and no imposition, coercion or other element of fraud or duress, in procuring the acknowledgment. The defend*285ant is a bonfi fide purchaser, for a full consideration, without notice of any irregularity; relying on the certificate of the magistrate, there being nothing on its face to put him upon inquiry. In such a case the…
2Cases cited4 opinions
- Lessee of Watson v. BaileySupreme Court of Pennsylvania · 1808
- Withers v. AtkinsonSupreme Court of Pennsylvania · 1832
- Shaller v. BrandSupreme Court of Pennsylvania · 1814
- Lessee of M'Intire v. WardSupreme Court of Pennsylvania · 1812
3Cited by3 opinions
- Heilman v. KrohSupreme Court of Pennsylvania · 1893
- Cressona Ass'n v. SowersSupreme Court of Pennsylvania · 1890
- Spencer v. ReeseSupreme Court of Pennsylvania · 1895