Rogers v. Walker
Supreme Court of Pennsylvania
In error from the District Court of Allegheny county. Sept. 9, 10. Ejectment by Mary Walker, a lunatic, by her committee. The plaintiffs showed a deed from William Rogers, the defendant, and another, assignees of Isaac Walker, to Mary Walker, dated April 1,1837, and, for the purpose of showing title merely, an inquisition in 1845, finding her a lunatic.
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In error from the District Court of Allegheny county. Sept. 9, 10. Ejectment by Mary Walker, a lunatic, by her committee. The plaintiffs showed a deed from William Rogers, the defendant, and another, assignees of Isaac Walker, to Mary Walker, dated April 1,1837, and, for the purpose of showing title merely, an inquisition in 1845, finding her a lunatic. The defendant showed a lease from Mary to Isaac Walker, dated April 1,1837, acknowledged before the defendant, a justice of the peace, on the 22d March, 1838, and recorded. In April, 1838, Mary Rogers, by deed reciting a lease from Isaac…
1Opinion of the CourtGibson, C. J.
It is scarcely necessary to say that the inquisition and verdict on the traverse of it, were competent evidence in the first instance. The general principle is that an inquisition of lunacy is prima facie evidence against third persons: the exception attempted is, that proof was not made before the inquest that notice of the execution of the commission had been served, pursuant to the statute, on the plaintiff or any of her friends. But the defect cannot be urged to reverse the proceeding collaterally. The inquisition might perhaps have been quashed for it, on motion to the court from which…
2Cases cited3 opinions
- Wusthoff v. DracourtSupreme Court of Pennsylvania · 1834
- In re the Inquisition of escheat of the estate of DesilverSupreme Court of Pennsylvania · 1835
- Bensell v. ChancellorSupreme Court of Pennsylvania · 1840
3Cited by3 opinions
- Howard v. Landsberg's CommitteeSupreme Court of Virginia · 1908
- Haggerty v. HaggertySuperior Court of Pennsylvania · 1910
- Morgan v. Continental Credit Corp., Pennsylvania Court of Common Pleas, Philadelphia County1947