Brothers v. Mitchell

Citations

• 157 Pa. 484
• 27 A. 760
• 1893 Pa. LEXIS 1440

Syllabus

<p>Evidence — Competency of witness — Ejectment.</p> <p>In an action of ejectment where the land in controversy is a family graveyard, one of the trustees, who is a member of the family and claims an interest personal to himself as one of the class for whose benefit the trust was created, cannot, after the death of the grantor, testify against the interest of the plaintiffs who claim the land as grantees of decedent.</p> <p>Notice — Marks on ground — Constructive notice.</p> <p>In an action of ejectment, where plaintiffs claim the land by a deed subsequent in date to defendants’ unrecorded deed from the same grantor, a point to the effect that if certain stakes marking corners were visible and readily discovered, plaintiffs were put upon inquiry, is properly refused, where the evidence discloses that the stakes were hid among underbrush and plaintiffs had no actual knowledge of their existence.</p> <p>Ejectment — Praecipe—Verdict—Amendment—Practice.</p> <p>In an action of ejectment where the praecipe included bji- mistake more land than plaintiff claims, and a verdict is rendered for plaintiff for the land described in the praecipe, plaintiff may amend his praecipe in the Supreme Court by disclaiming the land included by mistake, and the Supreme Court will then affirm the judgment entered on the verdict.</p> <p>Costs — Ejectment—Amendment.</p> <p>In such a case the Supreme Court will impose the costs, up to the time of the application for amendment, upon plaintiff, as a condition of the affirmance of the judgment.</p>