Diehl v. Emig
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of York county: No. 50, to May Term 1870. In the court below, George W. Diehl and Sarah his wife, in her right, brought an action of ejectment against William Moul. The writ was issued April 15th 1868, for a-tract of 185 acres of land, which had been the property of John Emig, Sr., deceased.
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Error to tbe Court of Common Pleas of York county: No. 50, to May Term 1870. In the court below, George W. Diehl and Sarah his wife, in her right, brought an action of ejectment against William Moul. The writ was issued April 15th 1868, for a-tract of 185 acres of land, which had been the property of John Emig, Sr., deceased. After the bringing of the suit, John Emig, Jr., Valentine Emig and Eli Emig, executors of the decedent, were permitted to appear and defend as landlords. The plaintiff, Sarah Diehl, who was a daughter of the deceased, claimed that the land had been conveyed to her by the…
1Opinion of the Court
The opinion of the court was delivered, May 12th 1870, by
Thompson, C. J.
It is elementary doctrine that the contents of a deed of conveyance lost, destroyed or suppressed, may be established by parol evidence in an action of ejectment, when its existence as a valid instrument has first been satisfactorily proved: McReynolds v. McCord, 6 Wright 288. The effect of such proof is of equal force in sustaining the title of the grantee as if the deed itself had been presented. This is so ex necessitate rei, otherwise titles might be defeated by fraud or accident, without fault on part of the vendee,…
2Cited by5 opinions
- Kanawell v. MillerSupreme Court of Pennsylvania · 1918
- Daly's EstateSuperior Court of Pennsylvania · 1913
- Friedline v. FriedlineSupreme Court of Pennsylvania · 1923
- Richardson v. MorrisSuperior Court of Pennsylvania · 1904
- Stauffer's EstatePennsylvania Orphans' Court, Schuylkill County · 1934