Gast v. Porter
Supreme Court of Pennsylvania
Error, to the Common Pleas of Lancaster County. This was an action of ejectment in the name of Christian Gast, administrator de bonis non, &c., cum testamento annexo of Jacob Hiestand, deceased vs. David R. Porter. It was brought, to recover ten acres of land in West Hempfield township, Lancaster county.
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Error, to the Common Pleas of Lancaster County. This was an action of ejectment in the name of Christian Gast, administrator de bonis non, &c., cum testamento annexo of Jacob Hiestand, deceased vs. David R. Porter. It was brought, to recover ten acres of land in West Hempfield township, Lancaster county. It was admitted that Jacob Hiestand, plaintiff’s testator, died seized thereof in November, 1816, having. made his last will and testament, of which he appointed his wife Barbara executrix, and his son Jacob Hiestand and Cornelius Crum, executors. The parts of Ms will, material to the present…
1Opinion of the Court
The opinion of the court was delivered, by
Rogers, J.
The learned judge thought proper to instruct the jury, that on the whole evidence the defendant was entitled to a verdict. The charge is undoubtedly obnoxious to the objection that it took from the consideration of the jury the credit to be attached to the testimonyp of Jacob Hiestand, .a witness relied on by the defendant, in support of part of his defence; and if there was nothing else in the case, this alone would entitle the plaintiff to a reversal of the judgment. Rut excluding this testimony, the question arises, whether the court…
2Cases cited3 opinions
- Daly's Lessee v. JamesSupreme Court of the United States · 1823
- Lessee of Smith v. FolwellSupreme Court of Pennsylvania · 1809
- Loomis v. M'ClintockSupreme Court of Pennsylvania · 1840
3Cited by4 opinions
- Hamlin v. ThomasSupreme Court of Pennsylvania · 1889
- Estate of Sallie B. DingeeSuperior Court of Pennsylvania · 1933
- In re the Estate of BoltonNew York Surrogate's Court · 1974
- Knapp v. NissleySupreme Court of Pennsylvania · 1916