Eckman v. Eckman
Supreme Court of Pennsylvania
May 5th and 6th 1871. Before Thompson, C. J., Agnew and Sharswood, JJ. Error to the Court of Common Pleas of Lancaster county: No. 78, to May Term 1871. This was an ejectment by Daniel B. Eckman against Benjamin Eckman and Henry Eckman, for the undivided half of a tract of 100 acres of land. The writ was issued.
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May 5th and 6th 1871. Before Thompson, C. J., Agnew and Sharswood, JJ. Error to the Court of Common Pleas of Lancaster county: No. 78, to May Term 1871. This was an ejectment by Daniel B. Eckman against Benjamin Eckman and Henry Eckman, for the undivided half of a tract of 100 acres of land. The writ was issued. February 7th 1870. The land in dispute had been the property of Daniel Eckman, Sr., who, on the 6th of September 1859, executed a deed in fee for the land to Benjamin Eckman and Daniel B. Eckman, the sons of his brother, Jacob Eckman. The consideration named in the deed was $8000, but…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
The first three assignments of error are not according to Rule VIII., 6 Harris 578, and must therefore be dismissed. We may say, however, as matter of grace and not of. right, that the plaintiff in error suffers nothing by these errors not having been properly assigned. Benjamin Eckman claiming in this ejectment as the devisee of Daniel Eckman, who was the plaintiff in the equity suit, the record of that suit was clearly evidence against him as privy in estate; and this being so, the testimony of Daniel Fulton, taken in that proceeding,…
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