Van Horne v. Clark
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY. No. 93 January Term 1889, Sup. Ct.; court below, No. 13 May Term 1887, C. P. To the first Monday of March, 1887, C. Van Horne brought ejectment against Ruth Clark to recover a tract of land in Troy township, described as part of tract No. 1374, containing 33’- acres. Issue.
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ERROR TO THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY. No. 93 January Term 1889, Sup. Ct.; court below, No. 13 May Term 1887, C. P. To the first Monday of March, 1887, C. Van Horne brought ejectment against Ruth Clark to recover a tract of land in Troy township, described as part of tract No. 1374, containing 33’- acres. Issue. At the trial on June 1, 1888, before Henderson, P. J., it appeared that one William J. Clark had title to the property in dispute by deed dated January 11,1845. On February 12,1883, a decree was entered in a suit in equity by. one Thomas Shontz, committee of John L.…
1Per curiam
We are unable to see any valid objection to the competency of Ruth Clark as a witness. It is true, she was the defendant in the ejectment, and her father, from whom she derived title, was dead. She was not called to testify against his title, but in support of it; or, to speak with greater accuracy, to prove the consideration she paid for the land. Neither party to the record is acting in a representative capacity. The plaintiff below was not prejudiced by the death of William J. Clark; if either party was prejudiced, it was the defendant. The case does not come within any of the exceptions…
2Cases cited2 opinions
- Karns v. TannerSupreme Court of Pennsylvania · 1870
- Hess v. GourleySupreme Court of Pennsylvania · 1879
3Cited by5 opinions
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- Baldwin v. StierSupreme Court of Pennsylvania · 1899
- Oliver v. Safe Deposit & Title Guaranty Co.Supreme Court of Pennsylvania · 1934
- Young v. SenftSupreme Court of Pennsylvania · 1893
- Winings v. HearstSuperior Court of Pennsylvania · 1901