Luce v. Snively
Supreme Court of Pennsylvania
ERROR to Butler county. Special court. Shaler, president. This was an action of ejectment, by Henry Snively against Stephen Luce. James .Cunningham died seised of the land, having made his will, devising the same to his children, John, David, Samuel, Robert and Margaret Cunningham.
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ERROR to Butler county. Special court. Shaler, president. This was an action of ejectment, by Henry Snively against Stephen Luce. James .Cunningham died seised of the land, having made his will, devising the same to his children, John, David, Samuel, Robert and Margaret Cunningham. Robert and Margaret died previously to 1808, intestate and without issue, leaving John, David and Samuel surviving them, against each of whom judgments were obtained, and each of their interests in the land in dispute was separately sold at sheriff’s sale to John Purviance, under whom the plaintiff claimed in the…
1Opinion of the Court
The opinion of the Court-was delivered by
Kennedy, J.
—The first error assigned cannot be sustained. The plaintiff had caused search and inquiry to be made after the deed itself, in those places and of those persons where and with whom it was most natural as well as reasonable to suppose that he' would have found it if not lost or destroyed, or have gotten intelligence of it. He, however, failed in obtaining either. Then the record of the acknowledgement of the deed, being the next best evidence of the execution of it and of its contents, became admissible, in the absence of the deed itself.
The…
2Cases cited6 opinions
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Nichols v. PostlethwaiteSupreme Court of the United States · 1791
- Bank of North America v. FitzsimonsSupreme Court of Pennsylvania · 1811
- Barnet v. WashebaughSupreme Court of Pennsylvania · 1827
- Commonwealth ex rel. Gurney's Exrs. v. AlexanderSupreme Court of Pennsylvania · 1826
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Horner & Roberts v. HasbrouckSupreme Court of Pennsylvania · 1862
- Commonwealth v. WalterSupreme Court of Pennsylvania · 1882
- Pennsylvania Railroad v. McTigheSupreme Court of Pennsylvania · 1864
- Swar's AppealSupreme Court of Pennsylvania · 1845