Legal Opinion

Williams v. Baker

Supreme Court of Pennsylvania

Decided October 17, 1872PublishedCited by 6 opinions

Error to the Court of Common Pleas of Blair county: Of May Term 1872, No. 23. John Baker and Nancy Ms wife, late Nancy Confer, in her right, on the 14th of March 1865, brought an ejectment in the court below against Jacob Confer for an undivided tenth part of a tract of 200 acres of land. Confer having derived his title from William Williams by deed with general warranty, Williams was admitted as defendant.

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Error to the Court of Common Pleas of Blair county: Of May Term 1872, No. 23. John Baker and Nancy Ms wife, late Nancy Confer, in her right, on the 14th of March 1865, brought an ejectment in the court below against Jacob Confer for an undivided tenth part of a tract of 200 acres of land. Confer having derived his title from William Williams by deed with general warranty, Williams was admitted as defendant. The whole tract had belonged to Henry Learner, who died in 1836, having devised it to his daughter Mary Confer for life, and after her death to her ten children, of whom Nancy Baker, the…

1Opinion of the Court

The opinion of the court was delivered, by

Williams, J.

Under the Act of 24th February 1770, 1 Sm. *482807, establishing a mode by which husband and wife may convey the estate of the wife, the official certificate of acknowledgment is the only evidence that the wife has acknowledged the deed in the form required by the statute, in order to make a valid conveyance of her interest in real estate, and, except in cases of fraud and duress, it is conclusive of every material fact appearing on its face. But though it is not conclusive as between the parties in Gases of fraud and imposition, or of…

2Cases cited1 opinion

  1. Johnson v. HockerSupreme Court of the United States · 1789

3Cited by6 opinions

  1. Logan v. Gardner, Pennsylvania Court of Common Pleas, Warren County1890
  2. BOSSES v. MAHALSKYSupreme Court of Pennsylvania · 1950
  3. Haines TrustSupreme Court of Pennsylvania · 1946
  4. Brandmeier v. Pond Creek Coal Co.Supreme Court of Pennsylvania · 1907
  5. Carr v. H. C. Frick Coke Co.Supreme Court of Pennsylvania · 1895

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