Karns v. Tanner

Citations

• 66 Pa. 297
• 1871 Pa. LEXIS 29

Syllabus

<p>1. Parker leased oil territory to Tanner. Parker took possession, alleging abandonment and forfeiture by Tanner, who afterwards died and his interest was sold by the sheriif. In ejectment by the vendee, Held, that Parker was not a competent witness under the Act of April 15th 1869, being “ assignor of the thing,” &c.</p> <p>2. The proviso of the act contemplates that the deceased shall be the assignor of the thing, &c., and that the thing, &c., shall be the subject of the action.</p> <p>3. When a party to a thing or contract in action is dead and his rights have passed by his own act or the law to another who represents his interest, the surviving party shall not testify to matters occurring in the life of the adverse party.</p> <p>4. The declarations of an agent employed to sink a well are not evidence of the reasons of the principal for ceasing to operate.</p> <p>5. Abandonment of the lease was a question of intention and was for the jury.</p> <p>6. Tanner went into possession under the lease and ceased operating. If he had not abandoned, Parker ousted him wrongfully and ejectment would lie, notwithstanding the grant under the lease may have been an incorporeal interest.</p>