M'Reynolds v. M'Cord
Supreme Court of Pennsylvania
ERROR to the common pleas of Columbia county. Ejectment for the undivided half of two hundred and fifty acres of land, by Hannah M’Cord, Benjamin Rees, Vaniah Rees, Mary Rees, Daniel Rees, and David Rees against John M’Reynolds. It appeared in evidence, that James Dill and Matthew Dill were the owners of this land, and that Matthew’s title afterwards became vested in James.
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ERROR to the common pleas of Columbia county. Ejectment for the undivided half of two hundred and fifty acres of land, by Hannah M’Cord, Benjamin Rees, Vaniah Rees, Mary Rees, Daniel Rees, and David Rees against John M’Reynolds. It appeared in evidence, that James Dill and Matthew Dill were the owners of this land, and that Matthew’s title afterwards became vested in James. The plaintiffs alleged that the title to the land was in dispute some time between 1811 and 1815, when an agreement in writing was entered into between James Dill and Daniel Rees, by which the latter was to have oné half…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Preliminary to proof of contents and involving proof of execution, stands proof of pre-existence in the state of a valid instrument. This is a rudimental principle, which is not contested. Now there was no specific proof of execution; and what was there else? Every thing is to be presumed in odium spoliatoris; and had it certainly appeared that the destroyed paper purported to be an agreement, such as is attempted to be established, it would have sufficed for the admission of subsequent evidence of its contents. In an anonymous case in Ld.…
2Cited by5 opinions
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- M'Credy v. Schuylkill Navigation Co.Supreme Court of Pennsylvania · 1838