Baldwin v. Stier
Supreme Court of Pennsylvania
Appeal, No. 6, Jan. T., 1899, by plaintiffs, from order of C. P. Northampton Co., June T., 1895, No. 67, refusing to set aside nonsuit. Ejectment for a tract of land in Upper Mount Bethel township.
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Appeal, No. 6, Jan. T., 1899, by plaintiffs, from order of C. P. Northampton Co., June T., 1895, No. 67, refusing to set aside nonsuit. Ejectment for a tract of land in Upper Mount Bethel township. Before Schu yler, P." J. At the trial it appeared that on October 19, 1889, Hannah Schmuck, the mother of Martha A. Baldwin, one of the plaintiffs, conveyed the land in dispute to Walter 0. Stier, one of the defendants, for the sum of $1.00. Mrs. Baldwin alleged that at the time of the conveyance her mother was indebted to her, and at her mother’s death on December 8,1892, $847.27 vas still due to…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
The testimony of Ott and his wife fails to prove any existing indebtedness by Mrs. Schmuck to Mrs. Baldwin at or about the date of the conveyance by Mrs. Schmuck to Stier. The declarations of Mrs. Schmuck to the witness on that subject were made about 1863 to 1865, and the presumption of payment repeated nearly twice over, and the bar of the statute of limitations having intervened about five times, offered a sufficient reply to any allegations of indebtedness in 1889. The offers of testimony of these two witnesses as to declarations made after 1889 were properly…
2Cases cited4 opinions
- Crothers v. CrothersSupreme Court of Pennsylvania · 1892
- Souder v. SchechterlySupreme Court of Pennsylvania · 1879
- Van Horne v. ClarkSupreme Court of Pennsylvania · 1889
- Brown v. CareySupreme Court of Pennsylvania · 1892
3Cited by15 opinions
- Kaufmann's EstateSupreme Court of Pennsylvania · 1924
- Chambley v. RumbaughSupreme Court of Pennsylvania · 1939
- Shroyer v. SmithSupreme Court of Pennsylvania · 1903
- Swieczkowski v. Sypniewski, Exr.Supreme Court of Pennsylvania · 1928
- Boyd v. KilmerSupreme Court of Pennsylvania · 1926
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