Pennsylvania Superior Court Reports Volume 21

Pennsylvania Superior Court Reports Volume 21

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...the plaintiff of the right to take advantage of a defect in the proceedings, an irregularity which in no way injured her, and thereby obtain the possession of property to which, in foro conscientiae, she can lay no just claim. But her right was no more sacred than that of a married woman to take advantage of a defect in the acknowledgment of her deed, as to which curative acts have been passed, and held to be constitutional. See N. Y., etc., Land Company v. Weidner, 169 Pa. 359, and cases there cited. Other instances where curative legislation has been held valid are referred to in Lycoming v. Union, 15 Pa. 166, 171, and Grim v. Weissenberg School District, 57 Pa. 4533. In some cases the broad doctrine is asserted that in the nature of things there can be no vested right to violate a moral duty or to resist the performance of a moral obligation. In others it is conceded that the acts divested vested rights, but being within the legitimate scope of legislative power were not invalid. In the case last cited, SHARSWOOD, J., said: " All acts curing irregularities in legal proceedings, necessarily divest vested rights of the parties by closing the mouths of those who could otherwise avail themselves of such irregularities to escape from the fulfillment of what is a moral obligation; and, but for the irregularity would be a legal liability. So wherever formal defects in the execution or acknowledgment of deeds, mortgages or other conveyances, are remedied by legislation, those who might have pleaded and relied on such defects are debarred of that which would otherwise have been a legal vested right. To deny the validity of such laws would be to run the ploughshare through hundreds of titles which are founded and repose in security upon...
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Product details

  • Paperback | 286 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236857194
  • 9781236857194