Tozer v. Jackson
Supreme Court of Pennsylvania
Appeal, No. 138, Jan.T., 1894, by defendant and terre tenant, from judgment of C. P. Northampton Co., June T., 1893, No. 13, on verdict for plaintiffs. Ejectment against defendant and terre tenant. Before Schuyler, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 138, Jan.T., 1894, by defendant and terre tenant, from judgment of C. P. Northampton Co., June T., 1893, No. 13, on verdict for plaintiffs. Ejectment against defendant and terre tenant. Before Schuyler, P. J. The facts appear by the opinion of the Supreme Court. At the trial plaintiffs offered in evidence the record of the appeal of John Jackson in the estate of James Rogers, deceased ; the record of the orphans’ court, including the remittitur from the Supreme Court, for the purpose of proving that the question of heirship of John Tozer had been adjudicated and finally…
1Opinion of the Court
Opinion by
Me. Justice Geeen,
When this case was here before (154 Pa. 223) it was an issue devisavit vel non. The two questions raised by the proceedings were testamentary capacity and undue influence. Neither of these questions was “ submitted to the jury or touched by the verdict,” and we so declared in the opinion then delivered. We further said, “ On the other hand, the legal effect of the alleged testamentary paper was submitted to the jury with the assent of both parties, and as a consequence they have found that a paper aptly disposing of the entire estate of James Rogers and found…
2Cases cited6 opinions
- Estate of KnoxSupreme Court of Pennsylvania · 1890
- Fosselman v. ElderSupreme Court of Pennsylvania · 1881
- Frew v. ClarkeSupreme Court of Pennsylvania · 1876
- Wilson v. Van LeerSupreme Court of Pennsylvania · 1883
- Schad's AppealSupreme Court of Pennsylvania · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Adams v. MarisTexas Commission of Appeals · 1919
- Allshouse's EstateSupreme Court of Pennsylvania · 1931
- Estate of BeffaCalifornia Court of Appeal · 1921
- Hengen's EstateSupreme Court of Pennsylvania · 1940
- Harrison's EstateSupreme Court of Pennsylvania · 1900
16 more not listed; retrieve them via the Exa API.