Administrator of M'Teer v. Sheppard

Pennsylvania Court of Common Pleas

Administrator of M'Teer v. Sheppard

1 S.C.L. 461

DecidedApril 15, 1795

StatusPublished

This text of 1 S.C.L. 461 (Administrator of M'Teer v. Sheppard) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Administrator of M'Teer v. Sheppard, 1 S.C.L. 461 (Pa. Super. Ct. 1795).

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Opinion

Bay, J.

was of opinion, that parol testimony was not admissible in this case, as it went-substantially to alter or vary a deed under seal, so as to make that a trust which appeared to be absolute. Though, if creditors or third persons were concerned, as to them, it might be admitted to prove a fraud. But in the present instance, the party must not be permitted to aver it against his own deed.

Holmes then pressed for a nonsuit, as no demand was proved before the suit was commenced, and it was not pre=¡ tended that there was a tortious taking.

Nonsuit ordered accordingly, on the ground that no demand was made of the negroes before the commencement of the action.

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Bay, J.

was of opinion, that parol testimony was not admissible in this case, as it went-substantially to alter or vary a deed under seal, so as to make that a trust which appeared to be absolute. Though, if creditors or third persons were concerned, as to them, it might be admitted to prove a fraud. But in the present instance, the party must not be permitted to aver it against his own deed.

Holmes then pressed for a nonsuit, as no demand was proved before the suit was commenced, and it was not pre=¡ tended that there was a tortious taking.

Nonsuit ordered accordingly, on the ground that no demand was made of the negroes before the commencement of the action.

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Bluebook (online)

1 S.C.L. 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/administrator-of-mteer-v-sheppard-pactcompl-1795.