Montelius v. Montelius
Supreme Court of Pennsylvania
Appeal, No. 51, Jan. T., 1904, by defendant, from judgment of C. P. Northumberland Co., Feb. T., 1900, No. 173, on verdict for plaintiffs in case of Walton H. Montelius and Thomas M. Righter, executors of Alfred M. Montelius v. William T. Montelius. Ejectment for land in the borough of Mount Carmel. Verdict and judgment for plaintiffs by direction of the court.
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Appeal, No. 51, Jan. T., 1904, by defendant, from judgment of C. P. Northumberland Co., Feb. T., 1900, No. 173, on verdict for plaintiffs in case of Walton H. Montelius and Thomas M. Righter, executors of Alfred M. Montelius v. William T. Montelius. Ejectment for land in the borough of Mount Carmel. Verdict and judgment for plaintiffs by direction of the court. Errors assigned were (1) in ruling out the evidence referred to in the opinion of the Supreme Court; (2) in giving binding instructions for plaintiffs.
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
In this ejectment, brought by the appellees on the legal title of their testator, the appellant, in attempting to sustain his equitable ownership to the property, was incompetent to testify to anything that had occurred during the lifetime of the decedent. Under a general objection, he was permitted to testify to what had taken place between himself and his brother, Walton H. Montelius, during the lifetime of their father; and the plaintiffs then, on the ground of his incompetency to so testify, moved to strike out all of this testimony. The motion was allowed and…
2Cases cited3 opinions
- Irwin v. PatchenSupreme Court of Pennsylvania · 1894
- Roth's EstateSupreme Court of Pennsylvania · 1892
- Rudolph v. RudolphSupreme Court of Pennsylvania · 1904
3Cited by10 opinions
- Ray's EstateSupreme Court of Pennsylvania · 1931
- Wright v. HannaSupreme Court of Pennsylvania · 1904
- Steel v. SnyderSupreme Court of Pennsylvania · 1928
- Stevenson v. Titus Admrs.Supreme Court of Pennsylvania · 1938
- Dunlap Printing Co. v. RyanSupreme Court of Pennsylvania · 1923
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