Legal Opinion

Youngman v. Elmira & Williamsport Railroad

Supreme Court of Pennsylvania

Decided April 2, 1870No. 323PublishedCited by 9 opinions

Error to the Court of Common Pleas of Lycoming county: of January Term 1870, No. 323. This was an action of ejectment brought March 23d 1866, by The Elmira and Williamsport Railroad Company against Allen Kay and George W. Youngman, for about half an acre of land, part of a tract of 14 acres, in the city of Williamsport.

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Error to the Court of Common Pleas of Lycoming county: of January Term 1870, No. 323. This was an action of ejectment brought March 23d 1866, by The Elmira and Williamsport Railroad Company against Allen Kay and George W. Youngman, for about half an acre of land, part of a tract of 14 acres, in the city of Williamsport. The Williamsport and Elmira Railroad Company was incorporated by the Act of June 9th 1832, and by the 6th section of a supplement of March 20th 1888 were “ authorized to hold such an amount of land, not exceeding five acres in any one place, and improvements at the termination…

1Opinion of the Court

The opinion of the court was delivered, May 5th 1870, by

Sharswood, J.

Several points have been made and questions discussed in the able and elaborate argument of the learned counsel for the plaintiffs in error, which, in the view we take of the case, it is unnecessary here to consider. The title of the premises, it is agreed, was in Willard prior to August 2d 1856. On that day he conveyed to the Williamsport and Elmira Railroad Company. On the 31st of March 1857, this company executed a mortgage to trustees to secure certain bonds to be issued.

On the 28th April 1860, these trustees united with…

2Cases cited3 opinions

  1. Lessee of Simpson v. AmmonsSupreme Court of Pennsylvania · 1806
  2. Knaub v. EsseckSupreme Court of Pennsylvania · 1834
  3. Stitzel v. KoppSupreme Court of Pennsylvania · 1845

3Cited by9 opinions

  1. Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
  2. Bartron v. Northampton CountySupreme Court of Pennsylvania · 1941
  3. Malamut v. HainesDistrict Court, M.D. Pennsylvania · 1943
  4. Resolution Trust Corp. v. Warwick Nurseries, Ltd.Superior Court of Pennsylvania · 1996
  5. Margo v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906

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