Citation: DAVEY v. TURNER, 1 U.S. 11 (1764)
Plaintiff:
Hugh Davey et ux.
Defendant:
Peter Turner
Court which Decided the Case:
Supreme Court of Pennsylvania: September Term, 1764
Background: A road confirmation by the Justices of Chester County led to a legal challenge when they refused a review, despite a petition from an aggrieved person whose improved land was affected.
Court Decision: The Court reversed the original judgment, asserting that a review, though not mentioned in the Act of Assembly, had become a customary right.
Case Details: The defendant’s late wife, Sarah, before her marriage, owned the lands in question. After marrying the defendant, they conveyed the land to trustees, with provisions for their joint and survivor benefits. Sarah’s consent was acknowledged privately by Justice W.P., a long-standing practice in Pennsylvania, ensuring her voluntary agreement.
Legal Usage: For over 50 years, it had been customary in Pennsylvania for husbands and wives to jointly execute deeds, with wives privately examined to confirm their consent. This practice was critical for land transfers and had never been legally challenged.
Principal Question: Whether this conveyance method was valid under the law. The plaintiff argued that such conveyances by married women (feme covert) were only lawful by fine, requiring examination by writ. They contended that the usage was not ancient enough to alter the law and was unreasonable.
Conclusion: The court supported the customary practice, given its extensive use and the numerous property titles depending on it. However, the specific deed in question was scrutinized for compliance with the custom.