Munson v. Crookston

Citations

• 219 Pa. 419
• 68 A. 962
• 1908 Pa. LEXIS 589

Syllabus

<p>Appeals — Assignments of error — Evidence.</p> <p>Assignments of error to the admission of testimony will not be considered where the testimony objected to is not quoted in the assignment.</p> <p>Evidence — Witness—Competency of witness — Party dead — Husband and wife — Devolution of title — Tenancy by the curtesy.</p> <p>In an action of ejectment where the defendant claims possession as a tenant by the curtesy of his deceased wife’s real estate, and the plaintiffs claim as devisees under the deceased wife’s will against which the defendant had claimed to take, the husband is not a competent witness as to matters occurring in the wife’s lifetime. In such a case the claims of the parties are of different classes, and are not within the exception of the Act of May 23, 1887, P. L. 158, sec. 5, cl. (e).</p> <p>Evidence — Declarations—Husband and wife.</p> <p>In such an action declarations of a wife in the absence of her husband fall into two classes, those in her own favor and those against her interest. The latter are admissible, but the former are not.</p>