Krise v. Neason
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cambria county: No. 78, to October and November Term 1869. This was an action of ejectment for 100 acres of land brought, May 8th 1866, by Valentine Krise against John Noal, Washington Neason and James Neason. The plaintiff, on the 28th of August 1857, became the owner of about 200 acres of land.
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Error to the Court of Common Pleas of Cambria county: No. 78, to October and November Term 1869. This was an action of ejectment for 100 acres of land brought, May 8th 1866, by Valentine Krise against John Noal, Washington Neason and James Neason. The plaintiff, on the 28th of August 1857, became the owner of about 200 acres of land. The defendants claimed under George Krise, brother of the plaintiff, to whom they alleged the plaintiff sold the 100 acres in dispute, being part of the land, October 1st 1840, by articles of agreement of that date drawn by James Eoss and left in his possession.…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Sharswood, J.
— It is certainly not to be denied, or even doubted, that to make a copy of a lost instrument of writing admissible, the evidence of the genuineness of the original from which it was taken must be of the most positive and unequivocal kind: McReynolds v. McCord, 6 Watts 288; Stones. Thomas, 2 Jones 209; Porter v. Wilson, 1 Harris 641. But it does-not follow that the only mode of establishing such genuineness is the testimony of a witness who saw the handwriting of the parties, and who knew and was able to identify it as…
2Cases cited4 opinions
- Caufman v. Presbyterian Congregation of Cedar SpringSupreme Court of Pennsylvania · 1813
- Hill v. PackardCourt for the Trial of Impeachments and Correction of Errors · 1830
- M'Reynolds v. M'CordSupreme Court of Pennsylvania · 1837
- Lynde v. JuddConnecticut Superior Court · 1807