Dougal v. Woods

Citations

• 61 Pa. Super. 172
• 1915 Pa. Super. LEXIS 288

Syllabus

<p>Evidence — Witness—Party dead — Ejectment—General warranty' deed — Act of May 88, 1887, Clause e, Section 5, P. L. 158.</p> <p>In an action of ejectment where the plaintiff claims under a general warranty deed duly recorded, and the defendant claims under an undated, unrecorded agreement between himself and the plaintiff’s grantor under which agreement he had obtained possession of the premises in dispute, the defendant is an incompetent witness under clause e, Section 5, of the Act of May 23, 1887, P. L. 158, to testify as to facts occurring during the grant.or’s lifetime, inasmuch as the estate of the deceased grantor would under the general warranty be affected by the defendant’s adverse testimony.</p>