Smith v. Rishel

Citations

• 164 Pa. 181
• 30 A. 239
• 1894 Pa. LEXIS 1055

Syllabus

<p>Evidence—Competency of witness—Act of May 23, 1887—Interpleader— Interest adverse to right of deceased.</p> <p>Where a plaintiff in an execution dies after the levy is made and his administvator is substituted on the record as defendant in an interpleader, the plaintiff in the interpleader claiming title by purchase from the defendant in the execution, is an incompetent witness within clause E of section 5 of the act of May 23,1887, P. L. 158.</p> <p>In such a case the defendant in the execution is a competent witness as to the sale, as he is not.a person whose interest is adverse to the right of the deceased.</p>