Carr v. H. C. Frick Coke Co.

Citations

• 170 Pa. 62
• 32 A. 656
• 1895 Pa. LEXIS 1362

Syllabus

<p>[Marked to be reported.]</p> <p>Evidence — Deed—Articles of agreement — Married women.</p> <p>An article of agreement for the sale of land executed by a, man and wife, is admissible as one link in a chain of facts to show that the deed following the agreement and purporting to have been made by husband and wife was actually executed by the wife, although the record of the deed failed to show her signature.</p> <p>In such a case bonds given by the purchaser to the husband and wife to secure the deferred payment of the purchase money, and assignments of such bonds by the wife, are competent and highly persuasive evidence that the wife signed the deed.</p> <p>The record of the deed showing the certificate of the justice of the peace that the wife separately acknowledged the deed is admissible as tending to show that the omission of the wife’s name on the record as one of the grantors was due solely to the mistake of the recorder or his clerks.</p> <p>Under the act of February 24, 1770, 1 Sm. L. 307, the certificate of acknowledgment of a deed by a married women is conclusive, except in ease of fraud or duress.</p>