Youst v. Martin
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Cumberland county, in an ejectment brought by Janies Martin and others against John Youst and others. Both plaintiffs and defendants claimed under James M’-Lene, who, on the 23d March, 1793, entered into articles of agreement for the sale of the land in dispute to John Martin, deceased.
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In Error. ERROR to the Court of Common Pleas of Cumberland county, in an ejectment brought by Janies Martin and others against John Youst and others. Both plaintiffs and defendants claimed under James M’-Lene, who, on the 23d March, 1793, entered into articles of agreement for the sale of the land in dispute to John Martin, deceased. A considerable part of the purchase money was paid by John Martin, in his life time, (who was in possession under the articles of agreement,) and by his widow and administratrix after his decease. But the payment of the whole not having been made, M’-Lene brought…
1Opinion of the Court
Tilghman C. J.
(After stating the case.) In general, the creditor of a deceased person may be a witness, although his testimony tends to increase the estate of the deceased. But I should think that he would not be competent, if it clearly appeared, that payment of his debt depended upon the event of the suit in which he was called to testify. In the present case, it does not clearly appear so; because the personal estate of the deceased was many times the amount of William Martin's debt, nor was it proved in what manner that estate has been administered. I am, therefore, of opinion, that the…
2Cited by12 opinions
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- In re PolsgroveSupreme Court of Pennsylvania · 1847
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