ISBN: 9781154407945

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1852. Not illustrat… Mehr…

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1852. Not illustrated. Excerpt: ... Louden r. Blythe. is not admissible for the purpose of contradicting the certificate, except in cases of fraud or imposition. Parol evidence may be received for the purpose of proving forgery or fraud, or collusion between the husband and the justice, in consequence of which it was falsely certified: Barnet v. Barnet, 15 Ser. $. R. 72-3. A regard to the policy of the law, for the security of titles and the protection of the rights of property which are passed by conveyances and assurances of which these acknowledgments and certificates are a common part, will restrain this court from allowing such acknowledgments to be impeached by parol evidence, contradicting the facts certified, in the absence of fraud and imposition; and where there are fraud and imposition alleged, the knowledge of it ought to be brought home to the grantee, or of such circumstances within his knowledge of the want of free will and consent on the part of the wife, as should lead him to inform himself of the reality of a free execution and acknowledgment by the wife whose property was to be divested. Where the grantee has knowledge of facts to put him on that inquiry, if silent and inactive on the subject, it is at his peril, and he must abide the consequences. In this case it was proposed to be proved, and it was so jDroved, that when Mrs. Blythe was in the sitting-room with Ezra Blythe, her husband, and 8. Louden, the plaintiff, she was asked to execute this mortgage, which she refused to do, and retired to her chamber, where she lay in bed weeping. She was followed there and importuned by her husband to sign the mortgage, which she still refused to do, stating to him that he was aware of her unwillingness to divest herself of this property, which she desired to retain as a home for hersel... Pennsylvania. Supreme Court, Books, History, Pennsylvania State Reports (Volume 16) Books>History <