Ewing v. Ewing
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: Of October and November Term 1880, No. 157. Ejectment by Ann L. Ewing, widow and devisee of Nathaniel Ewing, deceased, against John K. Ewing, a son of said decedent. At the trial, before Stowe, P. J. (of Court of Common Pleas, No. 2, of Allegheny, county), the plaintiff claimed under the will of her husband, while the defendant claimed title by gift from his father and adverse possession for more than twenty-one years.
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Error to the Court of Common Pleas of Fayette county: Of October and November Term 1880, No. 157. Ejectment by Ann L. Ewing, widow and devisee of Nathaniel Ewing, deceased, against John K. Ewing, a son of said decedent. At the trial, before Stowe, P. J. (of Court of Common Pleas, No. 2, of Allegheny, county), the plaintiff claimed under the will of her husband, while the defendant claimed title by gift from his father and adverse possession for more than twenty-one years. The plaintiff proved title to the premises in her husband, who died seised thereof, having by his will, which was duly…
1Opinion of the CourtJustice Sterrett
The contention involved in several of the specifications of error is, that the defendant was an incompetent witness to prove anything that occurred in the lifetime of his father, respecting the possession or ownership of the lot in controversy. It is claimed that, in the statutory sense of the term, his father, under whose will the plaintiff claims title, was her assignor, and therefore defendant was incompetent.
The Act of April 15th 1869 declares, in general terms, that “no *385interest nor policy of law shall exclude a party or person from being a witness in any civil proceeding.” The rule thus…
2Cited by4 opinions
- Sutherland v. RossSupreme Court of Pennsylvania · 1891
- Harris v. Pittsburg & Lake Erie Railway Co.Superior Court of Pennsylvania · 1899
- Moreland v. MorelandSupreme Court of Pennsylvania · 1888
- Rudolph v. RudolphSuperior Court of Pennsylvania · 1901