Crawford v. Scovell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Wyoming county: Of January Term 1880, No. 161. Ejectment by Ira Crawford against John Scovell for an acre of land. At the trial, before Ingham, P. J., the plaintiff proved possession . in himself and in those under whom he claimed, accompanied by proper conveyances, from 1844 to 1875, and rested. The defendant put in evidence a deed for the land in dispute from the plaintiff to him, dated 11th March 1876, and rested.
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Error to the Court of Common Pleas of Wyoming county: Of January Term 1880, No. 161. Ejectment by Ira Crawford against John Scovell for an acre of land. At the trial, before Ingham, P. J., the plaintiff proved possession . in himself and in those under whom he claimed, accompanied by proper conveyances, from 1844 to 1875, and rested. The defendant put in evidence a deed for the land in dispute from the plaintiff to him, dated 11th March 1876, and rested. The plaintiff then offered to prove by one Wandall that he did the business for defendant in arranging for procuring this deed; also to…
1Opinion of the CourtJustice Trunkby
A formal offei; was made to prove that Ira Crawford was insane when he executed the .deed to John Scovell, that Scovell knew of the insanity and procured the deed by fraud. This was overruled on the objection that the offer was not full enough, in that, before the plaintiff can avoid the deed he must have offered to restore its consideration; that a plaintiff cannot allege his own insanity against his deed, and that the witness was incompetent because of his instrumentality in perpetrating the fraud. No objection was made that the specific acts were not set out in the offer, and it is too…
2Cases cited1 opinion
- Bensell v. ChancellorSupreme Court of Pennsylvania · 1840
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- Weiherer v. WerleySupreme Court of Pennsylvania · 1966
- Feely EstateSuperior Court of Pennsylvania · 1953
- Stebbins v. New York State Natural Gas Corp., Pennsylvania Court of Common Pleas, Tioga County1951