Legal Opinion

Hays v. Hays

Supreme Court of Pennsylvania

Decided September 16, 1847PublishedCited by 1 opinion

Isr error from the District Court of Allegheny county. Sept. 9. The plaintiffs in this suit were two of the heirs of John Ilays, who died without issue, having, in 1845, been found lunatic for forty years past, with lucid intervals. The defendants were two of his brothers, and claimed under a deed in 1832. Having given evidence of capacity, they called the subscribing witnesses. After the evidence detailed by the court here, the deed was offered and rejected.

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Isr error from the District Court of Allegheny county. Sept. 9. The plaintiffs in this suit were two of the heirs of John Ilays, who died without issue, having, in 1845, been found lunatic for forty years past, with lucid intervals. The defendants were two of his brothers, and claimed under a deed in 1832. Having given evidence of capacity, they called the subscribing witnesses. After the evidence detailed by the court here, the deed was offered and rejected. Whether it had been acknowledged, or what were its contents, did not appear.

1Opinion of the CourtBurnside, J.

The plaintiffs below, and defendants in error, claimed the undivided third part of the lands in question as heirs of John Hays deceased, who had, in 1845, been duly declared a lunatic, .with a retrospect of forty years, with lucid intervals.

These facts having been given in evidence by the plaintiff, the defendant, Jacob Hays, offered in evidence a paper, purporting to be a deed of the 19th of September, 1832, from John Ha.ys to his brother, Jacob Hays, for the land in dispute, and called the subscribing witnesses, who were sworn, and gave evidence as follows :—

Jesse Gibbs. — “This is my…

2Cases cited1 opinion

  1. Commissioners of Berks County v. RossSupreme Court of Pennsylvania · 1811

3Cited by1 opinion

  1. Brenner v. LesherSupreme Court of Pennsylvania · 1938

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