Gold v. Scott

Citations

• 5 Pa. Super. 262
• 1897 Pa. Super. LEXIS 231

Syllabus

<p>Evidence — Act of 1887 — Death of party to a contract.</p> <p>The Act of May 28, 1887, P. L. 158 does not make a party an incompetent witness merely because a former owner of the thing or contract in action is dead, but only where his right thereto has passed to a party on the record who represents his interest.</p> <p>Death of party — Act 1891 — Surviving party.</p> <p>Any surviving or remaining party or any other person, whose interest is adverse to the right of the deceased, may testify to any relevant matter occurring in the lifetime of the deceased, provided such matter occurred in the presence or hearing of some other living and competent person, who testifies thereto against the surviving or remaining party.</p> <p>Evidence — Acts of 1887, P. L. 158 and 1891, P. L. 287 — Competency of surviving party.</p> <p>The controversy being as to a consentable line or boundary between a vendee’s land and that of his vendor, a married woman, whose husband had died after execution of the deed, the vendee is competent to testify in rebuttal to a conversation had with defendant’s sons, in the husband’s lifetime, at the time when a boundary fence had been erected. Even if. the husband is to be considered as a deceased party in interest, the evidence is clearly admissible under the act of 1891. But the husband was not an interested party within the meaning of the act of 1887, and lienee the vendee was competent under that statute also.</p>