Shrawder v. Snyder

Citations

• 142 Pa. 1
• 21 A. 796
• 1891 Pa. LEXIS 696

Syllabus

<p>[To be reported.]</p> <p>1. A deed for land owned by a married woman, executed and acknowledged by herself and husband in 1846, the certificate of acknowledgmentbeing defective in not showing a separate examination of the wife, vkas rendered a valid and effective conveyance by the curative sections of the acts of April 11, 1848, P. L. 526; January 24, 1849, P. L. 676; April 25, 1850, P. L. 576.</p> <p>2. It seems: Said sections are re-enactments of §§ 15, 16, act of April 16, 1840, P. L. 861, applying to any deed of conveyance “ bona fide made and executed by husband and wife, and acknowledged by them .... before the first day of January next; ” and such a deed being offered, it is unnecessary to prove affirmatively that it was “ bona fide made and executed,” until the contrary is averred.</p> <p>8. The defendant in ejectment having put in evidence a deed, executed by the plaintiff and her husband prior to 1846, but with a defective certificate of acknowledgment, a reservation of the point “ whether there is any evidence to be submitted to the jury upon which the plaintiff can recover,” fairly raised the question as to the force of subsequent curative laws upon such defect.</p>