Bishop v. Reed
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. William S. Bishop against William Reed, Rody M’Gee, Calvin Holmes, and Sarah M’Nutt.
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ERROR to the Common Pleas of Dauphin county. William S. Bishop against William Reed, Rody M’Gee, Calvin Holmes, and Sarah M’Nutt. This was an action of ejectment fora lot and two houses in the town of Millersburg, which the plaintiff claimed by virtue of a deed from Reed and M’Gee, (the other defendants were tenants), dated the 9th of July 1840 — consideration f850. It was acknowledged on the day it bore date by both Reed and M’Gee, and left with the scrivener, who was also a° justice of the peace, to be taken by him to obtain the signatures and acknowledgment of the wives of the grantors;…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
The exception to admitting the evidence was not urged here. In the country from which our ancestors came, and from which we took the substratum of our jurisprudence, it was once the law, and to a certain extent is yet, that a deed or writing under seal proved a consideration; and nothing could be averred against this. This in a court of law; but after a judgment in a court of law, the defendant could go to the other end of Westminster Hall, and on making out a case of fraud, want of consideration, &c., could obtain a perpetual injunction…
2Cases cited2 opinions
- Storrs v. BarkerNew York Court of Chancery · 1822
- Quick v. StuyvesantNew York Court of Chancery · 1830
3Cited by4 opinions
- Maguire v. WheelerSupreme Court of Pennsylvania · 1930
- Stephen's AppealSupreme Court of Pennsylvania · 1878
- Watts v. CumminsSupreme Court of Pennsylvania · 1868
- Perry v. ScottSupreme Court of Pennsylvania · 1866