Elcessor v. Elcessor
Pennsylvania Court of Common Pleas, Alleghany County
No. 80 October Term 1891, Sup. Ct.; court below, No. 862 July Term 1889, C. P. No. 2. Returnable to the first Monday of'July, 1889, C. C. Eleessor and others brought ejectment against Mary Eleessor, for a lot of ground in Allegheny City. Issue.
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No. 80 October Term 1891, Sup. Ct.; court below, No. 862 July Term 1889, C. P. No. 2. Returnable to the first Monday of'July, 1889, C. C. Eleessor and others brought ejectment against Mary Eleessor, for a lot of ground in Allegheny City. Issue. At the trial, on October 6, 1889, the plaintiffs showed title to the lot in controversy in Lewis Eleessor, who died intestate on May 7, 1889, leaving to survive him his widow, Mary Eleessor, the defendant, and the plaintiffs, who were his children by two former marriages. There was no issue of the decedent’s last marriage. The plaintiffs having rested,…
1Opinion of the Court
Opinion,
Me. Justice Mitchell :
The learned judge, during the course of the trial, admitted a good deal of testimony that he subsequently characterized to the jury as “ probably of not very much importance in the case,” and some apparently against his own judgment, out of regard to the urgency of counsel who assumed to “ risk it.” It is true that he cautioned the jury as to the weight of such evidence, and told them in correct and explicit terms that they were not to distribute Lewis Elcessor’s property for him, but to determine if the deed was his own act. But, unfortunately, to re-distribute…
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