Hope v. Everhart
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mercer county; Of October and November Term 1871, No. 212. This was an action of ejectment for 50 acres of land, brought September 6th 1870, by Richard Hope, a lunatic, by his committee, against A. F. Everhart. The case was tried, May 22d 1871, before Trúnkey, P. J. It being admitted that the plaintiff had been the owner of the premises for a long time before May 8th 1863, the plaintiff rested.
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Error to the Court of Common Pleas of Mercer county; Of October and November Term 1871, No. 212. This was an action of ejectment for 50 acres of land, brought September 6th 1870, by Richard Hope, a lunatic, by his committee, against A. F. Everhart. The case was tried, May 22d 1871, before Trúnkey, P. J. It being admitted that the plaintiff had been the owner of the premises for a long time before May 8th 1863, the plaintiff rested. The defendant then offered in evidence the record of a judgment, John Hamilton v. Richard Hope, viz.:— “ By virtue of a writing obligatory under seal, dated August…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1872, by
Williams, J.
This ease turns on the question whether the waiver of inquisition was a part of the judgment on which the land in controversy was sold. If it was, then the defendant, though a lunatic, was bound by it, and the plaintiffs, who are his committee, cannot question its validity in this action. But if it was no part of the judgment, the defendant, if he was so destitute of reason and understanding as to be incapable of assenting to it, was not hound by it, and the plaintiffs are not estopped from denying the validity of the…
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