54 Pa. 75 | Pa. | 1867
The opinion of the court was delivered, by
There is nothing in the first assignment of error. A deed proved or acknowledged in the manner provided by law is entitled to be received in evidence, though it never has been recorded. This has been the established practice ever since McDill v. McDill, and Hamilton v. Galloway, 1 Dall. 63, 93; see also Jones v. Porter, and Kelly v. Dunlap, 3 Penna. R. 132, 136. Nor is it necessary to prove the handwriting of the magistrate. His certificate is primá facie evidence of his authority and his signature: Goddard v. Gloninger, 5 Watts 219. This is ancient and common practice.
We find nothing in this case conflicting with Aurand v. Shaffer, 7 Wright 363 ; Gault v. Saffin, 8 Wright 307; or Barringer v. Stiver, 13 Wright 129, nor does it require any modification of the doctrine of those cases that the property of a married woman
The judgment is affirmed.