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· 11/10/1890

King v. Humphreys

Citations

  • 138 Pa. 310
  • 22 A. 19
  • 1890 Pa. LEXIS 1275

Syllabus

<p>1. On tbe trial of an ejectment, brought by a brother claiming by descent from his deceased father, against his sister claiming under a deed from the father, evidence on the part of the plaintiff to show that when the deed was made the grantor was mentally incapacitated therefor, was properly submitted to the jury.</p> <p>2. On such trial, it was not error to exclude the testimony of the plaintiff as to matters occurring prior to the death of his father, the grantor in the deed to the defendant, the witness being incompetent as to such matters under § 5 (e), act of May 23, 1887, P. L. 159.</p>

Judges: Collum, Greex, Mitchell, Paxson, Pee, Sterrett, Williams

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