Legal Opinion

Maus v. Maus

Supreme Court of Pennsylvania

Decided June 15, 1836PublishedCited by 13 opinions

ERROR to the common- pleas of Northumberland county. Scire facias post annum et diem at the suit of Lewis Maus for use, &c. against William Montgomery, administrator of Philip Maus, with notice to Joseph Maus, Lewis Maus, Elizabeth Maus and Philip Stráwbridge. Plea, payment with leave, &c.

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ERROR to the common- pleas of Northumberland county. Scire facias post annum et diem at the suit of Lewis Maus for use, &c. against William Montgomery, administrator of Philip Maus, with notice to Joseph Maus, Lewis Maus, Elizabeth Maus and Philip Stráwbridge. Plea, payment with leave, &c. And Joseph Maus, Elizabeth Maus and Philip Stráwbridge come, &c. and severally say that the said Lewis Maus ought not to have nor maintain his said writ or action against them, nor either of them; because they severally say that the several tracts of land whereof they are in occupancy and possession, or…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The first and second errors are bills of exception to the opinion of the court in admitting evidence objected to by the counsel of the plaintiff in error. It seems that Elizabeth Maus, one of the terre-tenants and plaintiff in error, claimed a part, if not the whole of the land, which she held, immediately from George Maus, who derived his title thereto from Philip Maus, the intestate debtor. Any admissions therefore, made by George Maus, while owner of the land, tending to support the claim of the plaintiff below against it, would be…

2Cited by13 opinions

  1. Ximenes v. XimenesTexas Supreme Court · 1875
  2. Custer v. DettererSupreme Court of Pennsylvania · 1841
  3. Bailey v. BaileySupreme Court of Pennsylvania · 1940
  4. Duffey v. HoutzSupreme Court of Pennsylvania · 1884
  5. Vansciver v. ChurchillSuperior Court of Pennsylvania · 1908

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