Legal Opinion

Westcott v. Edmunds

Supreme Court of Pennsylvania

Decided May 8, 1871PublishedCited by 12 opinions

February 23d 1871. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Read, J., at Nisi Prius. Certificate from Nisi Prius, No. 368, to January Term, 1871. This was an action of ejectment for an undivided half of the real estate, the subject of the bill in Edmunds’s Appeal, — the preceding case, — brought, February 27th 1868, by Luther C. Edmunds, trustee for Eliza H. Garretson, against Thomas C. Harkins and others.

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February 23d 1871. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Read, J., at Nisi Prius. Certificate from Nisi Prius, No. 368, to January Term, 1871. This was an action of ejectment for an undivided half of the real estate, the subject of the bill in Edmunds’s Appeal, — the preceding case, — brought, February 27th 1868, by Luther C. Edmunds, trustee for Eliza H. Garretson, against Thomas C. Harkins and others. Ebenezer Westcott was afterwards admitted to defend as landlord. The case was tried, February 11th 1870, before Thompson, C. J. The evidence was the same as the facts…

1Opinion of the Court

The opinion of the court was delivered,

by Agnew, J.

There are but two of the assignments of error in this case which need to be noticed. We think the court erred in refusing to admit in evidence the record of the equity suit be*36tween these parties in the Supreme Court 'No. 66 of January f Term 1868, in which a final decree had been made/ The subject s' in controversy in this action and in the equity suit is the same, to wit, the alleged title of Eliza H. Garretson, under the will of John Hance, to the property for which this ejectment is brought. The Supreme Court at Nisi Prius had dismissed…

2Cases cited1 opinion

  1. Duffy v. LytleSupreme Court of Pennsylvania · 1836

3Cited by12 opinions

  1. Murphey v. C. I. T. Corp.Supreme Court of Pennsylvania · 1943
  2. Columbia National Bank v. DunnSupreme Court of Pennsylvania · 1904
  3. Russell v. RussellCourt of Appeals for the Third Circuit · 1905
  4. Thaw EstateSuperior Court of Pennsylvania · 1948
  5. Sheridan v. CoughlinSupreme Court of Pennsylvania · 1945

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