Burr v. Sim
Supreme Court of Pennsylvania
IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by George Sim, Margaret Sim, Jean Anderson and Peter Nicholson, against Postrema Burr, to recover a messuage and lot of ground, situate on the north side of Mulberry (or Arch,) street between Second and Third Streets, in the city of Philadelphia.
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IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by George Sim, Margaret Sim, Jean Anderson and Peter Nicholson, against Postrema Burr, to recover a messuage and lot of ground, situate on the north side of Mulberry (or Arch,) street between Second and Third Streets, in the city of Philadelphia. The property in question, together with an adjoining house and lot, belonged, in the year 1782, to the Rev. George Craig, a clergyman of the Episcopal Church, who in that year made his will, Wherein…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
— Not only convenience but necessity calls for a definite rule to produce certainty of result in the determination of facts which must be passed upon without proof; and such can be obtained only from the doctrine of presumptions, which, however arbitrary, is indispensable, and, when founded in the ordinary course of events, productive of results which usually accord with the truth. There is nothing so frequently unattended with the ordinary means of proof, and yet so essential to the determination of a right, as the time of an individual’s…
2Cases cited1 opinion
- Henderson v. LewisSupreme Court of Pennsylvania · 1823
3Cited by26 opinions
- Hancock v. American Life InsuranceSupreme Court of Missouri · 1876
- Whiting v. NichollIllinois Supreme Court · 1867
- Rogers v. Manhattan Life Insurance Co. of New YorkCalifornia Supreme Court · 1903
- In re Mutual Benefit Co.Supreme Court of Pennsylvania · 1896
- Reedy v. MillizenIllinois Supreme Court · 1895
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