Rowley v. McHugh
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Oamiria county: No. L34, to October and November Terms 1870. This was an action of ejectment, brought November 10th 1866, by George Rowley and Sarah Rowley his wife in her right against Dominick Hugh and others.. The case was tried June 10th 1869. The title to the land in controversy was in Sarah Rowley; it had been sold by the sheriff under a judgment against the husband ; the defendants claimed under the sheriff’s vendee.
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Error to the Court of Common Pleas of Oamiria county: No. L34, to October and November Terms 1870. This was an action of ejectment, brought November 10th 1866, by George Rowley and Sarah Rowley his wife in her right against Dominick Hugh and others.. The case was tried June 10th 1869. The title to the land in controversy was in Sarah Rowley; it had been sold by the sheriff under a judgment against the husband ; the defendants claimed under the sheriff’s vendee. The plaintiffs and defendants gave evidence to establish the issues on their respective parts. The plaintiffs then, in rebuttal,…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Williams, J.
— There is but one question in this case, and that is, whether the wife in an action of ejectment by husband and *270wife, in right of the latter, is a competent witness, under the Act of 15th April 1869, to rebut the evidence given by the defendants who claim title under a sheriff’s sale of the land as the property of the husband. The court below, on the authority of Snyder v. Snyder, 6 Binn. 487, and Pringle v. Pringle, 9 P. E. Smith 281, decided that she was not a competent witness, and rejected her testimony. Both of these…
2Cited by4 opinions
- Guernsey v. FroudeSuperior Court of Pennsylvania · 1900
- Chicago Cottage Organ Co. v. McManigalSuperior Court of Pennsylvania · 1898
- Johnson v. WatsonSupreme Court of Pennsylvania · 1893
- Poundstone v. JonesSupreme Court of Pennsylvania · 1898