United States v. Mertz
Supreme Court of Pennsylvania
ERROR to the common pleas of Union county. The real estate of Isaac Mertz was sold by the sheriff, and the proceeds Were brought into court for distribution. They were claimed by the United States in a judgment against Isaac Mertz, and by Israel Mertz the defendant in error, by virtue of a deed from his father Isaac Mertz.
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ERROR to the common pleas of Union county. The real estate of Isaac Mertz was sold by the sheriff, and the proceeds Were brought into court for distribution. They were claimed by the United States in a judgment against Isaac Mertz, and by Israel Mertz the defendant in error, by virtue of a deed from his father Isaac Mertz. It appeared in evidence that there were many judgments entered against Isaac Mertz previously to 1829, when he conveyed his real estate to his son, in consideration of'alleged indebtedness of the father to the son ; and the evidence of that indebtedness was, that the son…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
That the evidence was erroneously received, admits not of an argument. There is an intuitive exception to the competency of exculpatory protestations by a party charged with a fraud. His declarations are never admitted to mak.e evidence for himself when they are.not part of the res gesta and explanatory of a concomitant act, which is here the employment of a scrivener, and entirely irrelevant to the matter in issue. There is a class of cases in which questions of competency have arisen on declarations of the grantor in presence of the…
2Cases cited9 opinions
- Jenney v. AldenMassachusetts Supreme Judicial Court · 1815
- Reichart v. CastatorSupreme Court of Pennsylvania · 1812
- Lessee of Dinkle v. MarshallSupreme Court of Pennsylvania · 1811
- Wallace v. BakerSupreme Court of Pennsylvania · 1809
- Whiting v. JohnsonSupreme Court of Pennsylvania · 1824
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Buckwalter Stove Co. v. EdmondsSupreme Court of Pennsylvania · 1925
- Brown's AppealSupreme Court of Pennsylvania · 1878
- Hoffman v. StroheckerSupreme Court of Pennsylvania · 1840
- Gossner's EstateSupreme Court of Pennsylvania · 1841
- Dubbs v. FinleySupreme Court of Pennsylvania · 1845
1 more not listed; retrieve them via the Exa API.