Douglass's Lessee v. Sanderson
Supreme Court of Pennsylvania
ON the trial of this cause, before Judge Bryan, at Nisi Prius, in Cumberland, in November 1790, the Plaintiff offered in evidence a deed, and to prove its execution by the hand writing of one of the witnesses, who was dead. The other witness was said to be dead also ; and, to prove this, they offered the Plaintiff himself, to testify that the witness had formerly lived in Philadelphia, that he had made enquiries for him, and heard he was dead.
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ON the trial of this cause, before Judge Bryan, at Nisi Prius, in Cumberland, in November 1790, the Plaintiff offered in evidence a deed, and to prove its execution by the hand writing of one of the witnesses, who was dead. The other witness was said to be dead also ; and, to prove this, they offered the Plaintiff himself, to testify that the witness had formerly lived in Philadelphia, that he had made enquiries for him, and heard he was dead. This testimony was objected to ; but on argument he was admitted, the Judge reserving the point. . The Plaintiff then offered a leaf, said to be cut…
1Opinion of the Court
Shippen, Justice:
It must not be understood, that ex parte affidavits taken in other states, are admissible evidence in cases of pedigree. I concur in the opinion of the Court, upon the peculiar circumstances of the case, and the production of the paper itself. The general principle, attempted to be inferred by the defendant’s counsel, must not be considered as involved in this decision.
Rule discharged.
2Cited by1 opinion
- Douglass's Lessee v. SandersonSupreme Court of the United States · 1791