Legal Opinion

Banert v. Day

United States Circuit Court

Decided May 2, 1814PublishedCited by 3 opinions

At law. Ejectment for land lying in Pennsylvania, claimed in right of the female plaintiff, as cousin and heir at law of F. Weiss, Jun. who died intestate, and without issue. [Plaintiff nonsuited.]

1Opinion of the Court

[This was an action of ejectment for lands in Lancaster county, formerly owned by Frederick Weiss, Sr., who died in 1751, and afterward by his son Frederick. The seisin of both father and son was admitted. The father had a brother and sister who died before him without issue. The plaintiff was the daughter of another brother. The lessors of the plaintiff claimed as heirs of the son. The defendants were in possession.]2

The only questions decided by the court, were upon the admissibility of evidence. The following points were resolved:—

1. That it is no objection to the testimony of a witness…

2Cases cited1 opinion

  1. Jackson ex dem. Ross v. CooleyNew York Supreme Court · 1811

3Cited by3 opinions

  1. Aalholm v. . PeopleNew York Court of Appeals · 1914
  2. Boone v. PurnellCourt of Appeals of Maryland · 1868
  3. Carter v. MontgomeryCourt of Appeals of Tennessee · 1875

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