Dayton v. Newman
Supreme Court of Pennsylvania
Error to the Common Pleas of Susquehanna county. This was an 'ejectment by David Newman and Cordelia his wife, late Cordelia Dayton, John Dobbs and Sarah his wife, late Sarah Dayton, and Iienry McKinney and Jane his wife, late Jane Dayton, v. Samuel H. Dayton and Le Roy Cook. The ejectment was brought on 9th January, 1851, to recover 145 acres of land in Great Bend township, then in possession of said Dayton and Cook, the defendants. The plea was, Not guilty.
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Error to the Common Pleas of Susquehanna county. This was an 'ejectment by David Newman and Cordelia his wife, late Cordelia Dayton, John Dobbs and Sarah his wife, late Sarah Dayton, and Iienry McKinney and Jane his wife, late Jane Dayton, v. Samuel H. Dayton and Le Roy Cook. The ejectment was brought on 9th January, 1851, to recover 145 acres of land in Great Bend township, then in possession of said Dayton and Cook, the defendants. The plea was, Not guilty. The case was tried before Jessup, J, The plaintiffs proved, on the trial, that one Joseph Thomas formerly owned the land in…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
The grantor was a competent witness. Released from the covenants in his deed of 24th February, 1841, to his brother Samuel, the covenant of warranty in his deed of trust of 20 th August, 1836, did not disqualify him, for he was called to testify against his interest so far as it sprung from that covenant. A vendor with general warranty is a good witness to establish a title in opposition to that of his vendee: Work v. McClay, 2 Ser. & R. 415. The objection to the competency of the grantor to give evidence to invalidate his deed, is founded…
2Cited by11 opinions
- Chambley v. RumbaughSupreme Court of Pennsylvania · 1939
- Stiegelmann v. AckmanSupreme Court of Pennsylvania · 1945
- Kanawell v. MillerSupreme Court of Pennsylvania · 1918
- Brownfield's Executors v. BrownfieldSupreme Court of Pennsylvania · 1892
- Magen v. NeimanSupreme Court of Pennsylvania · 1930
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