Chess v. Chess
Supreme Court of Pennsylvania
APPEAL. Appeal from the decision of Huston, J., denying a new trial, at' a Circuit Court, held for Jtllegheny county, Jlugust, 1828, in ejectment for land claimed by the plaintiff under a deed from Wil-t Ham Chess, father of-the plaintiff, and also father of the defendants. Incapacity in the grantor was objected: and fraud in obtaining the deed. The verdict was for the defendants.
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APPEAL. Appeal from the decision of Huston, J., denying a new trial, at' a Circuit Court, held for Jtllegheny county, Jlugust, 1828, in ejectment for land claimed by the plaintiff under a deed from Wil-t Ham Chess, father of-the plaintiff, and also father of the defendants. Incapacity in the grantor was objected: and fraud in obtaining the deed. The verdict was for the defendants. The plaintiff applied for a new trial on three grounds.' 1. Alleging that the judge permitted some of the defendants’ witnesses to testify their opinion as to.the sanity or insanity of the grantor, without obliging…
1Opinion of the Court
The opinion of the court was delivered by
Tod,J.
Whether the witnesses could give opinions without facts, is a point which, we think, does not arise in the case; heeause, every *411witness appears to have mentioned some fact of some sort, upon which he grounded his opinion.
On the second point. — The evidence by Mr. Forward, showing what the two witnesses, since deceased^ had sworn oh the former trial, is objected to, because Mr. Forward did not recollect their testimony independent of his notes, because he did not recollect the cross-examinations, and because, even with the aid of his notes, he…
2Cases cited2 opinions
- Lessee of Hamilton v. MarsdenSupreme Court of Pennsylvania · 1813
- Cornell v. GreenSupreme Court of Pennsylvania · 1823
3Cited by3 opinions
- Thurmond v. TrammellTexas Supreme Court · 1866
- State v. JohnsonNevada Supreme Court · 1877
- Hocker v. JamisonSupreme Court of Pennsylvania · 1841