Legal Opinion

McKeen v. Delancy's Lessee

Supreme Court of the United States

Decided March 11, 1809PublishedCited by 51 opinions

ERROR to the circuit court for the district of t>„ ... . • ~ . Pennsylvania, m an action of ejectment., The only question was, whether the exemplification of a deed from Allen to Delaney, could be lawfully rea(l in evidence at the trial.

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ERROR to the circuit court for the district of t>„ ... . • ~ . Pennsylvania, m an action of ejectment., The only question was, whether the exemplification of a deed from Allen to Delaney, could be lawfully rea(l in evidence at the trial. This question arose upon the following case : William Allen, on the 27th of December, 1771, being seised in fee of the land in controversy, lying *n Northampton county, by deed of bargain and sale of that date, conveyed the same to James Delaney and Margaret his wife, in fee. The deed also conveyed real estate in the counties of Philadelphia and Bucks, and…

1Opinion of the Court

March IT.

Marshall, Ch. J.

delivered the opinion of the court as follows, viz.

This case depends entirely on the acts of the legislature of Pennsylvania, respecting the registering of deeds.

The law -of -Pennsylvania, on this subject, had varied at different times; but as it stood in 1715, when the act passed which must decide this controversy, the recording of a deed was not necessary to its validity; but deeds might be enrolled, and an exemplification was testimony, in all courts.

The act of 1715 established an office of record in each county in ¡(rhích. deeds Were to be recorded, atid disclaréd…

2Cited by51 opinions

  1. Burgess v. SeligmanSupreme Court of the United States · 1883
  2. McArthur v. ScottSupreme Court of the United States · 1885
  3. State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
  4. Green v. Lessee of NealSupreme Court of the United States · 1832
  5. Harrington v. SmithWisconsin Supreme Court · 1871

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