Miller v. Baker
Supreme Court of Pennsylvania
Appeal, No. 255, Oct. T., 1894, by plaintiffs, from judgment of O. P. Washington Co., Nov. T., 1891, No. 7, on verdict for defendant. Ejectment for a tract of land in East Bethlehem township. The facts appear by the former report of the case: Miller v-Baker, 160 Pa. 172. When Joanna Baker was on the stand, the following offer was made : “ Now, what did Mr. Horton state or advise you at that time? “ He said that— “ Objected to as incompetent.
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Appeal, No. 255, Oct. T., 1894, by plaintiffs, from judgment of O. P. Washington Co., Nov. T., 1891, No. 7, on verdict for defendant. Ejectment for a tract of land in East Bethlehem township. The facts appear by the former report of the case: Miller v-Baker, 160 Pa. 172. When Joanna Baker was on the stand, the following offer was made : “ Now, what did Mr. Horton state or advise you at that time? “ He said that— “ Objected to as incompetent. “We propose to ask the witness, to prove by the witness that after she explained what she wanted and why she wanted it done, Mr. Horton advised her it…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
We reversed the former judgment in this case because the *420court below rejected the plaintiff’s offers to prove acts and declarations of William J. Baker inconsistent with and tending to discredit his testimony. We were then asked to reverse the judgment on the broader ground that, upon the evidence in the case and the law applicable to it, the court should have directed the jury to find for the plaintiffs. This, for'reasons then stated, we declined to do. We thought the evidence was sufficient to establish a resulting trust, and that the sixth 'section of the act…
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