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1 Dall. 11

Davey v. Turner

Supreme Court of the United States

Decided September 15, 1764

Supreme Court of the United States · decided 1764-09-15

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 for “ever, in trust nevertheless to and for the proper Use and Behoof of “the said P. Turner and S. his Wife,…

Good law ✅— No negative treatment on recordhow we know

Decided 1764-09-15

How this case has been cited

Cited by 8 later decisions (2 by the Supreme Court) — most recently January 1895

6 state decisions

3017641770178017901800181018201830184018501860187018801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court,

¶1after advisement: These Deeds, and this mode of examination of Femes Covert on conveying their Estates, having generally prevailed in this Province, from its first settlement, and undergone from time to time the no*14tice of the Courts of Justice, it would be very mischievous now to overturn them. The maxim Communis Error facit Jus cannot operate more properly than in this Case; and the Court unanimously adjudge the Law to be with the Defendant.

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