Kronk v. Kronk
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Beaver county. This was an ejectment for 53 acres 45 perches of land, brought by Jacob Kronk, executor of John Kronk, deceased, against Joseph Kronk.
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ERROR to the Common Pleas of Beaver county. This was an ejectment for 53 acres 45 perches of land, brought by Jacob Kronk, executor of John Kronk, deceased, against Joseph Kronk. The plaintiff gave in evidence a deed in fee of the land in controversy to his testator from Michael Baker and wife, dated 25th of April 1830. The defendant, after giving evidence to show that the purchase money of the tract in dispute was in part paid by him, offered Michael Baker as a witness to prove that the defendant came to him in the first instance and made a contract with him for the purchase of the land in…
1Opinion of the Court
*128The opinion of the Court was delivered by
Sergeant, J.
— The objection to the competency of the grantor to give evidence to invalidate his deed, is founded on interest, not on the supposed rule that being a party he is estopped like the party to a negotiable instrument. But Michael Baker does not appear to have any interest in the question whether the deed which he executed was to John Kronk in fee, or to him for life, with remainder to the defendant, Joseph Kronk. Baker’s situation as grantor, and the covenants in his deed, would remain unaffected by the result of this suit in any event. We…
2Cited by1 opinion
- McMahan v. McMahanSupreme Court of Pennsylvania · 1850