Rudolph v. Rudolph

Citations

• 17 Pa. Super. 558
• 1901 Pa. Super. LEXIS 356

Syllabus

<p>Evidence — Competency of witness — Party dead — Clause E of section 5 of the Act of May 23, 1887, P. L. 158 — Ejectment.</p> <p>In an action of ejectment where the plaintiff claims title under unrecorded articles of agreement with the former owner, dead at the time of the trial, under which articles all of the purchase money was paid, and the defendant claims under a subsequent recorded deed from the same owner, containing a clause of general warranty, the plaintiff is not a competent witness to prove that the defendant had notice of the articles of agreement prior to the execution of the deed to him. In such a case the interest of the plaintiff is adverse to the right of the deceased, inasmuch as the latter’s estate is liable under the general warranty in the deed, if the defendant’s title fails.</p>