M'Dowell v. Simpson
Supreme Court of Pennsylvania
ERROR to the common pleas of Alleghany county. This was an ejectment for part of lot No. 219, on Wood street, in the city of Pittsburgh.
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ERROR to the common pleas of Alleghany county. This was an ejectment for part of lot No. 219, on Wood street, in the city of Pittsburgh. The plaintiff, Andrew N. M’Dowell and wife, claimed to recover the possession of the property, as heirs of William Porter deceased, by virtue of certain proceedings in partition, in the common pleas of Alleghany county, instituted on the 17th of August 1829, and perfected on the 25th of April 1831, between them and llie other heirs of William Porter, viz. Alexander Brackenridge and wife, Samuel Smith and wife, and William A. V. Magaw and wife. By these…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error assigned is founded on an exception to the admission of Mr Brackenridge as a witness; first, because he *135has undertaken, as the agent of the plaintiff in error, who was also the plaintiff below, to give a lease of the land in question in this case to the defendants in error, under which they claimed a right to hold possession of it; and second, the matters of which he was to testify, were not the subject of oral evidence, because the act of assembly against frauds and perjuries requires that they should appear in writing. His…
2Cited by25 opinions
- Luzerne Township v. Fayette CountySupreme Court of Pennsylvania · 1938
- Morrill v. Mackman.Michigan Supreme Court · 1872
- Mott v. KaldesSupreme Court of Pennsylvania · 1926
- Allegany Gas Co. v. KempSupreme Court of Pennsylvania · 1934
- Carteri v. RobertsCalifornia Supreme Court · 1903
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