Lessee of Armstrong v. Morgan
Supreme Court of Pennsylvania
Ejectment for 500 acres in Shirley township. The plaintiff’s counsel stated, that his claim depended on a written order signed by Richard Peters, esq. directed to col.
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Ejectment for 500 acres in Shirley township. The plaintiff’s counsel stated, that his claim depended on a written order signed by Richard Peters, esq. directed to col. John Armstrong to survey for George Croghan, esq. 4000 acres on Aughwic, Juniata and Dunning’s creek in 1761, whereon three surveys were afterwards made in November, in the same year; that one of the said surveys was appropriated to Jeremiah Warder and company, one other to George Ross, and the last to the said John Armstrong including the lands in question, for which a warrant of acceptance issued to him on the 8th March 1774.…
1Opinion of the Court
By the Court.
The objection made goes rather to the operation of the evidence offered, than to its admissibility. The great rule of evidence is, that none shall be admitted, which supposes superior evidence behind in the power of the party. Gilb. Law Evid. 16. Bull. 289. If an instrument be lost, after proving that it did once exist, it may be proved by a copy, or if there be none such, by witnesses viva voce. 2 Equ. Cas. Ab. 409, 410. The law for necessity admits that, which of all things it most abhors, parol evidence of deeds. Even the copies of records which have been lost, may be given in…
2Cases cited2 opinions
- Lessee of Bonnet v. DevebaughSupreme Court of Pennsylvania · 1810
- Hughes v. StevensSupreme Court of Pennsylvania · 1862
3Cited by1 opinion
- Hughes v. StevensSupreme Court of Pennsylvania · 1862