Lies v. Stub
Supreme Court of Pennsylvania
ERROR to the common pleas of Berks county. This was an action of ejectment for a tract of land, by Adam Lies against John Stub, and William Stub, and all the other de- ■ visees of Adam Stub, deceased, as tenants in possession.
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ERROR to the common pleas of Berks county. This was an action of ejectment for a tract of land, by Adam Lies against John Stub, and William Stub, and all the other de- ■ visees of Adam Stub, deceased, as tenants in possession. The plaintiff gave in evidence, the will of Adam Stub, deceased, dated the 5th of July 1832, which contained the following clauses: “ It is my will, that my two sons, John and Jacob, shall have my plantation with the appurtenances thereunto belonging, for the sum of 10,000 dollars, being the plantation I now live on, situate in the township of Tulpehocken, as aforesaid,…
1Opinion of the Court
The opinion of the Comt was delivered by
Gibson, O. J.
The exception to the witness must prevail. Not only was his possession endangered by the action, but he was, in all other respects, in the ordinary predicament of a defendant of record. It is unavailing to say, his share of the estate would be increased by sustaining the plaintiff’s title. No balancing of advantages could comiterbalance his position as a party maintaining the issue by his own testimony.
The will is obscure, and would afford no encouragement to execute it according to the letter. The testator’s main intent was, to keep the…
2Cited by15 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Hicks v. WynnSupreme Court of Virginia · 1923
- Cambria Iron Co. v. TombSupreme Court of Pennsylvania · 1864
- Burke v. BurkeSupreme Court of Pennsylvania · 1913
- Barton v. WellsSupreme Court of Pennsylvania · 1840
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