1 U.S. 11 (1764), Davey v. Turner

Citation:1 U.S. 11, 1 L.Ed. 15
Party Name:Hugh Davey et ux. v. Peter Turner
Court:United States Supreme Court
 
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1 U.S. 11 (1764)

1 L.Ed. 15

Hugh Davey et ux.

v.

Peter Turner

United States Supreme Court.

September Term, 1764

OPINION

King's Road. On confirmation of a Road by the Justices of Chester county, the Record was brought up by Certiorari; and it was moved to reverse the Judgment of confirmation, because the Justices below had refused to grant a Review, though petitioned thereto by a Person who complained he was aggrieved by the Roads running through his improved ground. On argument, The Court reversed the Judgment for that reason, alledging that a Review, though not taken notice of in the Act of Assembly, had always been granted, and was now become a matter of right.

This Cause came before the Court for a determination on a special Verdict which found, That the Defendant's late Wife Sarah, before her Marriage, was seized of the Lands in question in fee; that after her Marriage, with the Defendant, she and her Husband joined in a conveyance to two Trustees and their Heirs, 'Habendum to them and the Survivor of them and his Heirs forever, in trust nevertheless to and for the proper Use and Behoof of the said P. Turner and S. his Wife, for and during their joint Lives, and from and after the Decease of either of them, then to and for the sole and proper Use and behoof of the Survivor of them and his or her Heirs for ever. ' That the said P. Turner and

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S. his Wife appeared before W. P. Esquire, then one of the Justices of the Court of Common Pleas, for the County of Philadelphia, and acknowledged the said Indenture to be their Deed, and that the said Sarah was then and there, secretly and apart from her said Husband, examined by the said W. P. and on such private examination did declare, that she did sign, seal and execute the said Indenture with her full free and voluntary Consent, which acknowledgment and examination were then indorsed by the said W. P. under his hand and seal, upon the Indenture. The special Verdict goes on and finds, that for fifty Years and upwards, it had been the constant practise and usage of the Province of Pennsylvania, in cases where Baron and Feme have been desirous to settle, sell and dispose of the Estate of the Feme, for the Baron and Feme to join in a Deed or Deeds, and for the Feme to go before some Justice of the Peace, in the County where the Lands lye, out of Court, and for the said Justice to examine such Feme in private and...

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