McLaughlin v. Shields
Supreme Court of Pennsylvania
In error from the Common Pleas of Westmoreland. Ejectment. In 1818 there was a partition in the Orphans’ Court of certain land, and the several parcels were taken at the valuation by Samuel and Alexander Craig, the lessor of the present defendant, and they gave recognisances to pay to the other heirs their shares. The plaintiff’s wife was one of the heirs, and party to the partition.
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In error from the Common Pleas of Westmoreland. Ejectment. In 1818 there was a partition in the Orphans’ Court of certain land, and the several parcels were taken at the valuation by Samuel and Alexander Craig, the lessor of the present defendant, and they gave recognisances to pay to the other heirs their shares. The plaintiff’s wife was one of the heirs, and party to the partition. The plaintiff purchased 200 acres of this land byparol, and entered into possession about 1819. From the written statements of the parties subsequently made, the purchase-money was $2600, being at $13 per acre.…
1Opinion of the CourtRogers, J.
There is nothing exceptional in the admission of E. Covan, Esquire, as a witness. He was duly competent; for, although at one time he had an interest in the event of the suit, yet at the time he was sworn his interest was divested by a subsequent contract. An attorney may be a witness in a cause in which he is counsel, although it ought in all cases to be avoided, if possible. The practice of assuming the office of a witness without relinquishing that of counsel, cannot be too much discountenanced. The testimony was no further material than to- prove a tender which was thought essential to…
2Cases cited7 opinions
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Carpenter v. CameronSupreme Court of Pennsylvania · 1838
- Dalzell v. LynchSupreme Court of Pennsylvania · 1842
- Jackson ex dem. Elmendorf v. JacksonNew York Supreme Court · 1810
- Menges v. OysterSupreme Court of Pennsylvania · 1842
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Commonwealth v. WillisSupreme Court of Pennsylvania · 1988
- Alexander v. WatsonCourt of Appeals for the Fourth Circuit · 1942
- Hillside Coal & Iron Co. v. HeermansSupreme Court of Pennsylvania · 1899
- Albright v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1902
- People v. PetmeckyNew York Supreme Court · 1884