Irwin v. Irwin
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was an ejectment by William Irwin, and others, devisees of' Samuel Irwinj deceased, against William Irwin, and others, the heirs at law of James Irwin, deceased, for a tract of 800 acres of land, in Westmoreland county, called the Jew’s land.
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Error to the Common Pleas of Westmoreland county. This was an ejectment by William Irwin, and others, devisees of' Samuel Irwinj deceased, against William Irwin, and others, the heirs at law of James Irwin, deceased, for a tract of 800 acres of land, in Westmoreland county, called the Jew’s land. Both parties claimed title under John Irwin, formerly an associate judge of Westmoreland county, who by his will, dated the 10th September 1818, and admitted to probate on the 1st May 1822, devised the same to his brother Janies Irwin, in fee. The plaintiffs alleged that Judge Irwin had written to…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The note in writing, which is sufficient to take a parol title out of the Statute of Frauds and Perjuries, must be proved like any other private instrument. If it cannot be produced, it must be shown first, to have existed; next, that it is lost, which may be inferred from diligent but unsuccessful search for it in the place where, if still existing, it ought to be found; and then, its contents may be proved by any person having knowledge of them, with the same effect as the paper itself would have, if produced.
The letters between Judge…
2Cases cited3 opinions
- Mauri v. HeffernanNew York Supreme Court · 1816
- Corbin v. Jackson ex dem. GarnseyCourt for the Trial of Impeachments and Correction of Errors · 1835
- Conrad v. FarrowSupreme Court of Pennsylvania · 1836
3Cited by6 opinions
- In re Estate of McAuleySupreme Court of Pennsylvania · 1898
- Hacker v. PriceSuperior Court of Pennsylvania · 1950
- Hacker v. PriceSuperior Court of Pennsylvania · 1949
- Daly's EstateSuperior Court of Pennsylvania · 1913
- King v. MyersSuperior Court of Pennsylvania · 1915
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