Moore v. Pearson
Supreme Court of Pennsylvania
ERROR to the District Court of Mercer county. John Pearson against James Moore, Hugh Moore, and Aaron W. Mumford. Ejectment for S00 acres of land.
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ERROR to the District Court of Mercer county. John Pearson against James Moore, Hugh Moore, and Aaron W. Mumford. Ejectment for S00 acres of land. The plaintiff offered in evidence the deposition of Judge Banks to prove the testimony of Allen Dunn, Esq. deceased, a witness in an ejectment wherein Hugh Moore and Samuel Evans were plaintiffs, and John Pearson defendant, and the scire facias and affidavit substituting Hugh Moore and James Moore as heirs of Hugh Moore deceased, and Aaron W. Mumford as purchaser from Samuel Evans, as defendants in this suit. This was objected to on the ground that…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, I.
The first error is an exception to the decision of the court, admitting the deposition of Judge Banks. The plaintiffs in error were the defendants in the court below; but in a former ejectment brought for the same land and tried, their ancestors and assignors, from whom they derived their claim to it, were plaintiffs, and the present defendant in error, who was plaintiff below in this case, was the defendant. On that trial he adduced Allen Dunn, who testified as a witness on his behalf and has since died. Judge Banks was counsel then for…
2Cited by4 opinions
- Rothrock v. GallaherSupreme Court of Pennsylvania · 1879
- Keim v. City of ReadingSuperior Court of Pennsylvania · 1907
- Evans v. ReedSupreme Court of Pennsylvania · 1875
- Flanagin v. LeibertPhiladelphia Court of Nisi Prius · 1843