Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1875-06-16
.JvDGE DEIy BETEBSEu


We somo time time since publishcd
n decision Of Judge Dean, Of Hunting
don, in relation TO the acknowledge
mentof Deeds by Justices Of the Peace,
and at the the time acquicsced in his
views ON that question, but the Su-
preme Court has reversed us BOTH
Tho conduct Of the defendants in the
ease, whom viewed with an equitable
eye, was most outrageous We clip
the following statement from the
Huntingdon Globe;
Through the courtesy Of Mr. Snod-
grass, we are able to give our readers
the opinion of the Supreme Court in u
case that has excited great public in.
terest. The plaintiffs had endorsed
for Mr. Glasgow in all to the amount
Of $1,000, and then agrcod TO endorse
for 81 800 more ON condition that II
mortgage in their favor was to be duly
executed on tho farm held in Mrs
Glasgow's name The money was
borrowed TO build n barn on his farm.
The plaintiffs were forced TO pay
the $4,000 and sued on the mortgage.
When that instrument was executed
before Esquire p. II. Bence, he asked
Mrs Glasgow if she knew what 1t was,
and she replied that she understood il
and had read it, In hertestmony she
acknowledged this, but the defence
claimed she did not understand IT, and
that the Acknowledgment was defect
i've because the mortgage was not
read to her by the Justice. The Judge
taking this view ordered the jury TO
find in her favor, saying "You must
so find.' This withdrawal from the
jury is thus disposed Of by the Supreme
Court
The pirol evidence offered to i'm
peach tue magistrates certificate ap-
pears to have been received without
objection. The learned Judge of the
Court below, however, fell into error,
when he assumes that il was conclu-
sive and withdrew the question of fact
from the jury. Opposed TO the parol
evidence was the official certificate of
the magistrate, showing upon its face
that Mrs. Glasgow had executed and
acknowledged the mortgage in the
manner required by law. No matter
what the magistrate may have sworn
20 upon the trial, the plaintiffs were
entitled to have his official ACT to 60 to
the jury.
The certificate Of n justice of the
peace Of the acknowledgment of Il
deed or mortgage is n judicial act. 1t
IS conclusive of the facts certified to in
the absence Of fraud or duress. This
is the current of all the authorities in
this State, johnson vs.. Jamison. 3
Wharton 457. Hall VS.. Patterson |
p. #. S. POO. McCandless VS.. Engle
20,309. In the case first cited il was
held that parol evidence of what pass.
ed at the time of the acknowledgement
was not admissible for the purpose of
contradicting the certificate except in
cases of fraud and imposition. In a
number of cases parol evidence has
been freely admitted TO overthrow the
certificate as in Michener VS. Cavender
9 WRIGHT 327 Londen 90 Rlv,he
Harris 5ll Sebmder rs Decker o
Barr IA Bnt in oll these cases cross
frauds and imnosition had heen ,ra,
ticed nffeeting thc acl,nowledgncn,
itself Thero 2 annther eIasa ~ oosas
in which narol evidence has bean nd.
mitteJ fo show f,c,s Jebors ,l,o oe,.,is
cato os IN Koene VS. Coleman 4 W.
300 where q married woman 0,srdr.
lently represented that she was a
widow,
nc .,. .ruo rug rug aeuuclpie rom the
Jnstico ~ ,be a.tno,slodon',,, s =, os S"e :
deed or mortgage i n indis3al NET md
in the absence of fraud or duress, con
elusive as to the facts herein stated.
,op os ,he e"nd 0raq sae a,,u ma'nous no.
il lint rs 10 Mi other nmsons naroi
evidence may be admitted TO show