Seylar v. Carson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franhlin county: No. 79, to May Term 1871. This was an action of ejectment, brought August 15th 1867, by Samuel M. Seylar against George W. Smith, F. W. McNaughton and James 0. Carson, for a tract of eight acres of land, with its improvements, known as the “ Gap Foundry.” Carson having died, his death was suggested on the record November 3d 1870, and James W. Carson and others, his executors, substituted.
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Error to the Court of Common Pleas of Franhlin county: No. 79, to May Term 1871. This was an action of ejectment, brought August 15th 1867, by Samuel M. Seylar against George W. Smith, F. W. McNaughton and James 0. Carson, for a tract of eight acres of land, with its improvements, known as the “ Gap Foundry.” Carson having died, his death was suggested on the record November 3d 1870, and James W. Carson and others, his executors, substituted. The property was originally owned by the plaintiff; it was sold on the 16th of January 1863 by the sheriff on a judgment against him, and the sheriff’s…
1Opinion of the Court
The opinion of the court was delivered, May 13th 1872, by
Williams, J.
The evidence set out in the bills of exception, constituting the first two specifications of error, was properly received. If it was not admissible for the purpose of showing the plaintiff’s confirmation of the sale to Carson — a point presently to be considered — it was competent as tending to rebut the evidence given by the plaintiff to establish the fraud with which Carson was charged, and to corroborate and strengthen the defendant’s evidence in disproof of the charge. The plaintiff’s acceptance of the lease was- an…
2Cases cited5 opinions
- Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
- Brown v. DysingerSupreme Court of Pennsylvania · 1829
- Gilbert v. HoffmanSupreme Court of Pennsylvania · 1833
- Smull v. JonesSupreme Court of Pennsylvania · 1841
- Hogg v. WilkinsSupreme Court of Pennsylvania · 1854
3Cited by4 opinions
- Gibbon v. ArronsonSuperior Court of Pennsylvania · 1922
- Sager v. MeadSupreme Court of Pennsylvania · 1894
- Luther v. LutherSupreme Court of Pennsylvania · 1914
- Kadair v. Serack, Pennsylvania Court of Common Pleas, Beaver County1947