Legal Opinion

Kirk v. Ewing

Supreme Court of Pennsylvania

Decided May 18, 1846PublishedCited by 1 opinion

Error to the Common Pleas of Lancaster county. May 14. — But one point of any importance was raised in this case. Tn 1840, Miley conveyed the land, for which this ejectment was brought, to the wife of K. Ewing. In 1843, K. Ewing conveyed his life-estate in the property, which had been purchased with his wife’s money, to J. Ewing, -who, in 1844, 24th February, conveyed it to Brown, in trust for the separate use of M. Ewing, the wife of K. Ewing.

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Error to the Common Pleas of Lancaster county. May 14. — But one point of any importance was raised in this case. Tn 1840, Miley conveyed the land, for which this ejectment was brought, to the wife of K. Ewing. In 1843, K. Ewing conveyed his life-estate in the property, which had been purchased with his wife’s money, to J. Ewing, -who, in 1844, 24th February, conveyed it to Brown, in trust for the separate use of M. Ewing, the wife of K. Ewing. On the 5th of August, 1843, plaintiff recovered a judgment against K. Ewing, levied on the estate, and became the purchaser in August, 1844. On this…

1Opinion of the CourtRogers, J.

— There is no rule better established, than that a party to the record cannot be examined as a witness, and this not on the ground of interest, but from considerations of policy, 5 Watts & Serg. 333; Given v. Albert, 3 Wend. 119; 4 Wend. 451; 10 Pick. 57; Wolf v Fink, 1 Barr, 439. The defendants joined in the plea of not guilty, but at the trial, two of them, disclaiming all title to the property, were permitted to withdraw their plea; but without more they do not cease to be parties to the suit. They may still be liable to the plaintiff for costs, and also for mesne profits, which can only…

2Cases cited3 opinions

  1. Russell v. NicollNew York Supreme Court · 1829
  2. Williams v. CraryNew York Supreme Court · 1830
  3. Given v. AlbertSupreme Court of Pennsylvania · 1843

3Cited by1 opinion

  1. Burke v. BurkeSupreme Court of Pennsylvania · 1913

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