Gibblehouse v. Stong
Supreme Court of Pennsylvania
IN ERROR. The record of this case having been returned on a writ of error to the court of Common Pleas of Montgomery county, accompanied by a bill of exceptions to the rejection of evidence by the court below, it appeared that Frederick Stong, the defendant in error, brought an ejectment against the plaintiffs in error, John Gibblehouse and John Brandt, to recover two lots of ground in Whitpain township, one of them containing three quarters of an acre, with a dwelling…
Read the full summary
IN ERROR. The record of this case having been returned on a writ of error to the court of Common Pleas of Montgomery county, accompanied by a bill of exceptions to the rejection of evidence by the court below, it appeared that Frederick Stong, the defendant in error, brought an ejectment against the plaintiffs in error, John Gibblehouse and John Brandt, to recover two lots of ground in Whitpain township, one of them containing three quarters of an acre, with a dwelling house, and other buildings erected on it, and the other containing five acres. The plaintiff below claimed under a deed dated…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers J.
The declarations of a person, while in the possession of the premises, against his title, are always admissible, not only against him, but against those who claim under him. The general principle is conceded; but with this qualification, that when the person whose acknowledgment is relied on is alive and a competent witness, that then he must be examined: that his declarations cannot be received.I have examined all the cases, and I cannot perceive a trace of any such exception. In most cases it is true the party was dead, and this is usually…
2Cases cited33 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Steere v. SteereNew York Court of Chancery · 1820
- Appleton v. BoydMassachusetts Supreme Judicial Court · 1810
28 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- People v. WatkinsMichigan Supreme Court · 1991
- Baker v. StateSupreme Court of Florida · 1976
- United States v. WheelerCourt of Appeals for the Tenth Circuit · 2015
- Commonwealth v. AntoniniSuperior Court of Pennsylvania · 1949
- Louisville & N. R. R. Co. v. Cummins' Admr.Court of Appeals of Kentucky · 1901
24 more not listed; retrieve them via the Exa API.