Young v. Senft
Supreme Court of Pennsylvania
Appeal, No. 218, Oct. T., 1892, by-plaintiff, A. B. Young et al., from judgment of C. P. No. 2, Allegheny Co., April T., 1891, No. 843, on verdict for defendants, Frederick Senft and Mary Senft, his wife. Ejectment for thirteen acres of land. While the suit was pending, Frederick Senft, one of the defendants, and Mary Young, the plaintiff, died, and in place of the latter were substituted her heirs, A. B. Young and J. C. Young.
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Appeal, No. 218, Oct. T., 1892, by-plaintiff, A. B. Young et al., from judgment of C. P. No. 2, Allegheny Co., April T., 1891, No. 843, on verdict for defendants, Frederick Senft and Mary Senft, his wife. Ejectment for thirteen acres of land. While the suit was pending, Frederick Senft, one of the defendants, and Mary Young, the plaintiff, died, and in place of the latter were substituted her heirs, A. B. Young and J. C. Young. At the trial, before White, J., it appeared that the land in controversy was bought by plaintiff at a sheriff’s sale in 1891, where it was sold as the property of…
1Opinion of the Court
Per Curiam,
Wo find nothing to criticise in the rulings of the learned judge below, either upon the points submitted, or in his general charge. Nor do we think that Mary Senft was an incompetent witness. Her case does not come within any of the exceptions of any of the acts of assembly, relating to the competency of witnesses, nor do we think it comes within their spirit. She was not called to testify against her husband, or against his title. The plaintiff made both Frederick Senft, and his wife, defendants. They both joined in and filed an abstract of title by which they both alleged that…
2Cases cited1 opinion
- Van Horne v. ClarkSupreme Court of Pennsylvania · 1889
3Cited by4 opinions
- Guernsey v. FroudeSuperior Court of Pennsylvania · 1900
- Italo French Produce Co. v. ThomasSuperior Court of Pennsylvania · 1905
- Poundstone v. JonesSupreme Court of Pennsylvania · 1898
- Winings v. HearstSuperior Court of Pennsylvania · 1901