Heath v. Slocum
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lackawanna county: Of July Term 1886, No. 89. Ejectment by Joseph Slocum against Mary Heath and Wm. H. Heath, her husband. The proceedings were instituted before an alderman to obtain possession of real estate purchased at sheriff’s sale pursuant to Act of .Assembly approved June 16th, 1836, and supplement approved May 24th, 1878, removed to said court on affidavit and recognizance of claimant. Plea, not guilty.
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Error to the Court of Common Pleas of Lackawanna county: Of July Term 1886, No. 89. Ejectment by Joseph Slocum against Mary Heath and Wm. H. Heath, her husband. The proceedings were instituted before an alderman to obtain possession of real estate purchased at sheriff’s sale pursuant to Act of .Assembly approved June 16th, 1836, and supplement approved May 24th, 1878, removed to said court on affidavit and recognizance of claimant. Plea, not guilty. The following were the facts of the case as they appeared on the trial before Hand, P. J. On March 12th, 3 878, Joseph Slocum, the plaintiff,…
1Opinion of the CourtJustice Paxson
We think it was error to exclude the evidence referred to in the first assignment of error. The defendants below were charged with fraud, and it is familiar law that in such cases the party alleging the fraud is entitled to a wide range of evidence to sustain such charge. This grows out of the difficulty of proving fraud. It is usually secret and is pursued by intricate and crooked paths. At the same time a reasonable liberality must be allowed to a defendant in his attempt to rebut or disprove such a charge. It is a serious accusation to make, as it affects not only property’but reputation…
2Cited by8 opinions
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- Culver v. GrahamWyoming Supreme Court · 1889
- Meigs v. DibbleMichigan Supreme Court · 1888
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