Lessee of Douglass v. Sanderson
Supreme Court of Pennsylvania
Ejectment of lands in Tyrone township in the county of Cumberland. The cause was tried at Carlisle, the last November assizes, before Mr. Justice Bryan, when a verdict was given for the plaintiff for 230 acres, part of the land declared for. Two points had been reserved for the opinion of the court in bank, which were now stated from Mr. Bryan’s notes, he having died since the trial, and a new trial was prayed for on the part of the defendant.
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Ejectment of lands in Tyrone township in the county of Cumberland. The cause was tried at Carlisle, the last November assizes, before Mr. Justice Bryan, when a verdict was given for the plaintiff for 230 acres, part of the land declared for. Two points had been reserved for the opinion of the court in bank, which were now stated from Mr. Bryan’s notes, he having died since the trial, and a new trial was prayed for on the part of the defendant. The first point was, whether on a deed being offered in evidence, and one of the subscribing witnesses proved to be dead, and his hand writing proved,…
1Opinion of the Court
Per Cur.
The judge admitted the evidence properly to go to the jury, under the special circumstances of the case, in proof of pedigree. Amongst a number of religious persuasions ■ in this country, we well know no registers are kept. To prove births, deaths or marriages, copies of registers have been frequently admitted: these are usually kept by the parish clerk. So of inscriptions on a tomb-stone to prove a death. In this case, the entries of the father, in the family bible, are produced for the jury’s inspection. It is probable that the children only could prove the property of the book.…
2Cited by5 opinions
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- Yung's EstateSupreme Court of Pennsylvania · 1901
- Lessee of Hyam v. EdwardsSupreme Court of Pennsylvania · 1759
- The King v. LukensSupreme Court of Pennsylvania · 1762