Miltimore v. Miltimore & De Borbon
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks county. This was an action of dower unde nihil habet, brought to April Term 1858, by Sarah Miltimore, widow of John N. Miltimore, deceased, against Ebenezer Miltimore and William De Borbon. The plaintiff 'declared for one-half of two individual thirds in a lot of ground on the corner of Fifth and Penn streets, in the city of Reading, to which defendants pleaded ne unque siesie que dower.
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Error to the Common Pleas of Berks county. This was an action of dower unde nihil habet, brought to April Term 1858, by Sarah Miltimore, widow of John N. Miltimore, deceased, against Ebenezer Miltimore and William De Borbon. The plaintiff 'declared for one-half of two individual thirds in a lot of ground on the corner of Fifth and Penn streets, in the city of Reading, to which defendants pleaded ne unque siesie que dower. The case was this: — John N. Miltimore and Sarah Miltimore were married in 1822. In 1841 he became the owner of one-third of the above-mentioned premises, and in 1852 became…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
The first question for our consideration is, the admissibility of evidence of the contents of certain lost portions of the record. Their existence and loss are proved, and, after the cases of Harvey v. Thomas, 10 Watts 63, Loughry v. McCullough, 1 Barr 503, The Farmers’ Bank of Reading v. Gilson, 6 *155Barr 51, and cases since, this is not an open question. The testimony was unquestionably competent. The existence of the power in the courts to supply lost records, does not interfere with the rule of evidence which admits proof of contents. The…
2Cases cited5 opinions
- Thompson v. TolmieSupreme Court of the United States · 1829
- Harvey v. ThomasSupreme Court of Pennsylvania · 1840
- Knowles v. LordSupreme Court of Pennsylvania · 1839
- Braddee v. BrownfieldSupreme Court of Pennsylvania · 1835
- Goodwin v. GoodwinSupreme Court of Connecticut · 1810
3Cited by23 opinions
- Simpson's EstateSupreme Court of Pennsylvania · 1916
- English v. EnglishSuperior Court of Pennsylvania · 1902
- Hollingshead v. HollingsheadNew Jersey Court of Chancery · 1920
- Moskowitz's Registration CaseSupreme Court of Pennsylvania · 1938
- Hall v. HallSupreme Court of Florida · 1927
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