Nass v. Vanswearingen
Supreme Court of Pennsylvania
In Error. irtim ERROR to the Court of Common Pleas of County, Vanswearingen and others, the plaintiffs below, were children and coheirs with one other person of Thomas Vanswearingen, deceased, and brought this ejectment to recover their portion of a tract of land which had belonged to their father, who died intestate.
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In Error. irtim ERROR to the Court of Common Pleas of County, Vanswearingen and others, the plaintiffs below, were children and coheirs with one other person of Thomas Vanswearingen, deceased, and brought this ejectment to recover their portion of a tract of land which had belonged to their father, who died intestate. The defendant below, George Nass, ■ . . 7 * 7 who was in possession, claimed the land under a deed from the Sheriff of Mifflin county, who had sold the land to him, by virtue of an execution issued on a judgment, recovered r . . by confession against Samuel Vanswearingen, one of…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
Samuel Vanswearingen and the plaintiffs below were children and co-heirs of Thomas Vanswearingen, who died in possession and intestate. The record, therefore, presents the case of a tenant in common, but not a party in the cause, called by the defendant to testify against the plaintiffs, his co-tenants ; and I think it quite clear, that no interest which he may be supposed to have had, could protect him from giving evidence. He was not a party on the record, and if his evidence had even gone to prejudice his in*195terest in another action, he…
2Cases cited1 opinion
- Mitchel v. LuntMassachusetts Supreme Judicial Court · 1808
3Cited by8 opinions
- Gibblehouse v. StongSupreme Court of Pennsylvania · 1832
- Brodie v. BickleySupreme Court of Pennsylvania · 1830
- Mauran v. LambNew York Supreme Court · 1827
- Lee v. WrightSupreme Court of Pennsylvania · 1829
- Spence v. SpenceSupreme Court of Pennsylvania · 1835
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