Davey v. Turner
Supreme Court of Pennsylvania
THIS Cause came before the Court for a determination on a special Verdict which found, That the Defendant’s late Wife Sarah, before her Marriage, was seized of the Lands in question in fee; that after her Marriage, with the Defendant, she and her Husband joined in a conveyance to two Trustees and their Heirs, “Habendum to them and the Survivor of them and his Heirs for “ever, in trust nevertheless to and for the proper Use and Behoof of “the said P. Turner and S. his Wife,…
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THIS Cause came before the Court for a determination on a special Verdict which found, That the Defendant’s late Wife Sarah, before her Marriage, was seized of the Lands in question in fee; that after her Marriage, with the Defendant, she and her Husband joined in a conveyance to two Trustees and their Heirs, “Habendum to them and the Survivor of them and his Heirs for “ever, in trust nevertheless to and for the proper Use and Behoof of “the said P. Turner and S. his Wife, for and during their joint “Lives, and from and after the Decease of either of them, then to “and for the sole and proper…
1Opinion of the Court
By the Court,
after advisement: These Deeds, and this mode of examination of Femes Covert on conveying their Estates, having generally prevailed in this Province, from its first settlement, and undergone from time to time the no*14tice of the Courts of Justice, it would be very mischievous now to overturn them. The maxim Communis Error facit Jus cannot operate more properly than in this Case; and the Court unanimously adjudge the Law to be with the Defendant.
2Cited by1 opinion
- Hugh Davey Et Ux. v. Peter TurnerSupreme Court of the United States · 1764