Linton v. Moorhead
Supreme Court of Pennsylvania
Appeal, No. 127, Oct. T., 1904, by plaintiff, from judgment of C. P. Armstrong Co., June T., 1902, No. 167, on verdict for defendant in case of P. R. E. E. Linton v. J. C. Moorhead, Eliza N. Meredith and W. B. Meredith. Ejectment for land in Manor and Kittanning Townships. Before Patton, P. J. At the trial the defendants offered in evidence a power of attorney from P. R. E. E. Linton and A. F. Linton, her husband, dated August 12, 1887, and acknowledged in England.
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Appeal, No. 127, Oct. T., 1904, by plaintiff, from judgment of C. P. Armstrong Co., June T., 1902, No. 167, on verdict for defendant in case of P. R. E. E. Linton v. J. C. Moorhead, Eliza N. Meredith and W. B. Meredith. Ejectment for land in Manor and Kittanning Townships. Before Patton, P. J. At the trial the defendants offered in evidence a power of attorney from P. R. E. E. Linton and A. F. Linton, her husband, dated August 12, 1887, and acknowledged in England. By this power of attorney Mrs. Linton and her husband “ made, constituted and appointed, and by these presents do make,…
1Opinion of the Court
Per Curiam;,
The objection by the plaintiff to the power of attorney (her own be it observed) is two-fold, first that plaintiff is a married woman domiciled with her husband in England, and secondly that it contains no sufficient description of the land authorized to be conveyed.
As to the first, it would be sufficient to say that the law of England or any other foreign state if material is a fact to be proved, and in the absence of such proof it is presumed to be the same as the law of this state. There was no evidence on the subject in this case.
But even if proved it would have been of no…
2Cases cited1 opinion
- Stewart v. LintonSupreme Court of Pennsylvania · 1902
3Cited by7 opinions
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- Howell, Exr. v. KlineSuperior Court of Pennsylvania · 1944
- Gummed Tapes (PTY) Ltd. v. MillerDistrict Court, E.D. Pennsylvania · 1957
- O'Malley v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1911
- Schultz EstatePennsylvania Orphans' Court, Dauphin County · 1963
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