Jamison v. Jamison
Supreme Court of Pennsylvania
This was a writ of error to tbe Court of Common. Pleas of Montgomery county. On the return of the record, it appeared that a writ of scire facias issued- out of that Court to January term 1834 at the suit of Robert Jamison, against Syndonia Jamison, who survived Plugh Jamison, upon a mortgage dated the 31st day of January, 1827, executed by the said Robert Jamison and Syndonia Jamison.
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This was a writ of error to tbe Court of Common. Pleas of Montgomery county. On the return of the record, it appeared that a writ of scire facias issued- out of that Court to January term 1834 at the suit of Robert Jamison, against Syndonia Jamison, who survived Plugh Jamison, upon a mortgage dated the 31st day of January, 1827, executed by the said Robert Jamison and Syndonia Jamison. The defendant pleaded non est factum and payment, with leave to give the special matter in evidence, &c. The cause came on for trial before Eox, President, on the 24th *of May 1836, when the plaintiff to…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The first and third bills of exceptions, and a portion of the charge of the Court, raise the question, whether the certificate of the justice pf the peace of the acknowledgment by the husband and wife, was conclusive as to all matters legally contained in it, so that the defendant was not at liberty to prove by parol evidence, that the mortgage was not acknowledged by her before the justice, in the manner it purports to have been, and thus destroy its validity. This point has not perhaps been expressly ruled, but the principle has been…
2Cases cited5 opinions
- Lessee of Watson v. BaileySupreme Court of Pennsylvania · 1808
- Shaller v. BrandSupreme Court of Pennsylvania · 1814
- Lessee of M'Intire v. WardSupreme Court of Pennsylvania · 1812
- Barnet v. BarnetSupreme Court of Pennsylvania · 1826
- Jourdan v. JourdanSupreme Court of Pennsylvania · 1823
3Cited by5 opinions
- Henderson v. SmithWest Virginia Supreme Court · 1885
- Springfield Engine & Thresher Co. v. DonovanSupreme Court of Missouri · 1899
- Baldwin v. SnowdenOhio Supreme Court · 1860
- De Roux v. GirardU.S. Circuit Court for the District of Eastern Pennsylvania · 1901
- Walker v. Colvin, Pennsylvania Court of Common Pleas, Cambria County1953