Wolford v. Herrington
Supreme Court of Pennsylvania
Error to the Court of Oommon Pleas of Crawford county: Of October and November Term, No. 52. This was an action of ejectment for 25 acres of land brought October 10th 1872, by Dewitt 0. Herrington against John Wolford. The case was tried March 7th 1873, before Lowrie, P. J. The plaintiff gave in evidence a judgment in favor of F. W. Ellsworth against John B. Wightman and John Wolford, and sale of the land in dispute on an execution upon the judgment to Edward Herrington.
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Error to the Court of Oommon Pleas of Crawford county: Of October and November Term, No. 52. This was an action of ejectment for 25 acres of land brought October 10th 1872, by Dewitt 0. Herrington against John Wolford. The case was tried March 7th 1873, before Lowrie, P. J. The plaintiff gave in evidence a judgment in favor of F. W. Ellsworth against John B. Wightman and John Wolford, and sale of the land in dispute on an execution upon the judgment to Edward Herrington. Sheriff’s deed acknowledged September 20th 1867. Edward Herrington having died, his heirs conveyed the land to the…
1Opinion of the Court
The opinion of the court was delivered, October 27th 1873, by
Sharswood, J. —
Upon this writ of error we have nothing to do with the competency of the witness, Mrs. Wolford. Her testimony was admitted, and forms part of the evidence. Had it been rejected, non constat that the defendant would not have strengthened his case by other testimony. He might have proved aliunde that she had a deed for the property, or he might have produced and offered the deed itself. He had a perfect right when the evidence was in, to rely upon it. Her testimony alone, if believed by the jury^-and there was no…
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