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In the case of Romelius L. Baker and Jacob Henrici, Trustees of the Harmony Society of Beaver County, Pennsylvania, and others v. Joshua Nachtrieb, the Supreme Court was asked to decide whether a deed executed by an individual in 1814 could be enforced against his heirs in 1856. The appellant argued that under Pennsylvania law at the time, if a deed was not recorded within six months after its execution it would become voidable as against subsequent purchasers or creditors without notice; however they claimed that this rule did not apply to deeds made between two individuals who were both alive when it was executed. The court disagreed with their argument and held that since there had been no recording within six months from its date of execution according to state law then it became voidable as against subsequent purchasers or creditors without notice regardless of whether both parties were still living when it was made. As such they found for Nachtrieb on all counts and dismissed the appeal brought by Baker et al
In the case of Romelius L. Baker and Jacob Henrici, Trustees of the Harmony Society of Beaver County, Pennsylvania v Joshua Nachtrieb, the dissenting opinion argued that a contract between two parties should be enforced as written even if it is not in accordance with public policy or morality. The majority opinion had held that an agreement to pay wages for labor performed in violation of state law was unenforceable because it contravened public policy; however, this dissent disagreed and instead argued that contracts are binding on both parties regardless of their content. This dissent further noted that while courts have discretion to refuse enforcement when there is fraud or illegality involved, such was not present here since neither party had acted wrongfully nor sought to take advantage over one another. As such, they concluded by asserting that any attempt by a court to modify or invalidate a contract based on its perceived immorality would amount to judicial legislation which exceeds their authority under the Constitution.