Williams v. Davis
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Schuylkill county: Of January Term 1870, No. 146. This was an action of ejectment for a lot on Minersville street, in Pottsville, commenced November 21st 1863, by Daniel Williams, against Robert T. Davis and Elizabeth Davis, his wife. Robert T. Davis having died, his death was suggested May 15th 1865, and his daughter, Mary Smith, and his son Shadrach Davis, his heirs at law, were substituted.
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Error to tbe Court of Common Pleas of Schuylkill county: Of January Term 1870, No. 146. This was an action of ejectment for a lot on Minersville street, in Pottsville, commenced November 21st 1863, by Daniel Williams, against Robert T. Davis and Elizabeth Davis, his wife. Robert T. Davis having died, his death was suggested May 15th 1865, and his daughter, Mary Smith, and his son Shadrach Davis, his heirs at law, were substituted. It did not appear by which party the suggestion and substitution had been made. The premises had been conveyed on the 8th of July 1856, to Robert T. Davis by Edward…
1Opinion of the Court
The opinion of the court was delivered July, 3d 1872, by
Williams, J.
There was no error in the admission of Shadraeh Davis as a witness on the- part of the defendants. Though a party *27to the record he was clearly competent under the provisions of the Act of 15th April, 1869. He did not claim any interest in the property as heir of his deceased father, or otherwise, and was therefore not within the exception to the act.
The declarations of Robert T. Davis in the spring of 1857, while occupying the property in suit, that he was then engaged in business at Eagle Hill with Joseph Johnson and John…
2Cited by2 opinions
- Collett v. Houston T. C. R. Co.Court of Appeals of Texas · 1916
- Best v. SmithSupreme Court of Pennsylvania · 1899