Singer Manufacturing Co. v. Rook
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lycoming county : Of May Term 1877, No. 30. Scire facias sur mortgage issued by The Singer Manufacturing Company against D. N. Rook and Hannah his wife. In 1869 Rook wras appointed the agent of the company plaintiff by Ober, its manager, and the mortgage in suit was given by Rook and his wife on the separate estate of the wife as security for the sewing machines that would be forwarded to him for sale.
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Error to the Court of Common Pleas of Lycoming county : Of May Term 1877, No. 30. Scire facias sur mortgage issued by The Singer Manufacturing Company against D. N. Rook and Hannah his wife. In 1869 Rook wras appointed the agent of the company plaintiff by Ober, its manager, and the mortgage in suit was given by Rook and his wife on the separate estate of the wife as security for the sewing machines that would be forwarded to him for sale. On the termination of his agency in 187 0, Rook was indebted to the company from sales to the amount of about $2000, the evidence of which were two notes…
1Opinion of the CourtJustice Gordon
■ When a married woman joins her husband in a deed or mortgage to convey or encumber her separate estate, as to the bona fide vendee or mortgagee, for value, without notice of fraud or imposition in the procurement of the execution of such instrument, the certificaté of the magistrate, who takes the acknowledgment, is conclusive of every material fact expressed therein. This certificate of the ofiicer is a judicial act and cannot be impeached except for fraud. As to him who has notice, or who has parted with no valuable consideration, the wife may avoid the instrument by showing that she was…
2Cited by2 opinions
- Lewars v. WeaverSupreme Court of Pennsylvania · 1888
- Cressona Ass'n v. SowersSupreme Court of Pennsylvania · 1890