Borough of Harrisburg v. Crangle
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. Elizabeth Crangle, widow' of Henry Crangle, deceased, and Robert J. Fleming, guardian of Henry Crangle, minor son of Henry Crangle, deceased, against the chief burgess, assistant-burgess, and town council of the borough of Harrisburg. This was an action of ejectment “ for a lot containing between 3 and 4 acres,” in the borough of Harrisburg.
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ERROR to the Common Pleas of Dauphin county. Elizabeth Crangle, widow' of Henry Crangle, deceased, and Robert J. Fleming, guardian of Henry Crangle, minor son of Henry Crangle, deceased, against the chief burgess, assistant-burgess, and town council of the borough of Harrisburg. This was an action of ejectment “ for a lot containing between 3 and 4 acres,” in the borough of Harrisburg. The title was vested in Henry Crangle, who devised the same to his widow for life, with remainder in fee to his son, Henry Crangle. The defence was, that the borough of Harrisburg had a right to appropriate…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This ejectment is for a Jot containing three or four acres, more or less, and the verdict is for 2 acres 28 perches and fW of a perch. In Smith v. Jenks, (10 Serg. & Rawle 153), a verdict “ that the defendant should have the third part of the 41 acres and 32 perches, neat, and if any overplus, it goes to the plaintiff,” was held too uncertain. In Burdick, v. Norris, (2 Watts 28), a verdict “ for the land claimed in the writ, except 10 acres, including the buildings,” was held bad for uncertainty. And in Stewart v. Speer, (5 Watts 79), a…
2Cases cited4 opinions
- Donley v. HaysSupreme Court of Pennsylvania · 1828
- Burdick v. NorrisSupreme Court of Pennsylvania · 1833
- Smith v. JenksSupreme Court of Pennsylvania · 1823
- Stewart v. SpeerSupreme Court of Pennsylvania · 1836
3Cited by18 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
- Parks v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1930
- Justice v. Nesquehoning Valley RailroadSupreme Court of Pennsylvania · 1878
- McClinton v. Pittsburg, Fort Wayne & Chicago Railway Co.Supreme Court of Pennsylvania · 1870
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