Postens v. Postens
Supreme Court of Pennsylvania
THIS was a writ of error to the Common Pleas of Monroe county. It was an ejectment brought by James Postens against William Postens, to recover a tract of 106 acres of land, in which a verdict and judgment were rendered in favour of the plaintiff below, James Postens.
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THIS was a writ of error to the Common Pleas of Monroe county. It was an ejectment brought by James Postens against William Postens, to recover a tract of 106 acres of land, in which a verdict and judgment were rendered in favour of the plaintiff below, James Postens. It was the same land which was the subject of a former ejectment by William Postens against James Postens, in which William Postens succeeded, and which is reported in 4 Whart. 27. Both parties were sons of Jacob Postens, deceased, and derived title under him; the plaintiff claiming as purchaser at sheriff’s sale under a…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The first exception is to the permission given by the court to the plaintiff to ask what was the character and standing of three of the persons who assisted in the settlement of the accounts between Jacob Postens and his son James? The objection is, that their characters not having been attacked by the defendant, and the issue not involving any imputation of fraud against them, the evidence was irrelevant and improper. It would seem that these persons were not appointed as referees, to arbitrate the accounts, but were called in rather for…
2Cases cited1 opinion
- Case of Field's EstateSupreme Court of Pennsylvania · 1830
3Cited by9 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- Grenet's EstateSupreme Court of Pennsylvania · 1938
- Kvist's EstateSupreme Court of Pennsylvania · 1917
- Williams v. MartinSupreme Court of Georgia · 1849
- Stone v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1917
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