Sailor v. Hertzogg
Supreme Court of Pennsylvania
Certificate from the Nisi Prius. Jan. 27. — This case is reported at length in 4 Whart. 259; but two points were considered here. On the trial, before Huston, J., plaintiff having shown title through Jacob Sailor, defendant offered the insolvent petition, &c., of Jacob Sailor, in 1817, which was objected to, without evidence of identity, but admitted.
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Certificate from the Nisi Prius. Jan. 27. — This case is reported at length in 4 Whart. 259; but two points were considered here. On the trial, before Huston, J., plaintiff having shown title through Jacob Sailor, defendant offered the insolvent petition, &c., of Jacob Sailor, in 1817, which was objected to, without evidence of identity, but admitted. It being a disputed question, on the evidence, whether possession had been taken by those under whom defendant claimed twrenty-one years anterior to 1815, plaintiff offered to prove that in the year 1815, Daniel Ley, under whom the defendant…
1Opinion of the CourtGibson, C. J.
— The petition of Jacob Sailor, for the benefit of the insolvent laws, in 1817, ought not to have gone to the jury unattended with evidence that he was the person under whom the plaintiff claims. Identity of name is ordinarily, but not always, prima facie evidence of personal identity. The authorities, on the subject, may be consulted in Sewall v. Evans, 4 Ad. & Ellis, 632; (S. C. 45 E. C. L. R. 631,) from which Lord Denman, and the other judges of the Queen’s Bench, concluded that identity of name is something from' which an inference may be drawn, unless the name were a very common one, or…
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