O'Boyle v. Kelly
Supreme Court of Pennsylvania
Appeal, No. 305, Jan. T., 1914, by defendant, from judgment of C. P. Lackawanna Co., Match T., 1911, No. 954, in casé of Micháel O’Boyle, John A. O’Boyle, James J. O’Boyle, Margaret Clevin, Ann Duggan and Nettie Healey v. Jane Kelly and William Kelly. Ejectment to recover lands in Lackawanna County. Before Newcomb, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 305, Jan. T., 1914, by defendant, from judgment of C. P. Lackawanna Co., Match T., 1911, No. 954, in casé of Micháel O’Boyle, John A. O’Boyle, James J. O’Boyle, Margaret Clevin, Ann Duggan and Nettie Healey v. Jane Kelly and William Kelly. Ejectment to recover lands in Lackawanna County. Before Newcomb, J. The opinion of the Supreme Court states the facts. The following questions were submitted to the jury and answered as follows: 1. Did Frank J. O’Boyle go into possession by consent of his parents with the mutual understanding that he was to have the free use of the property as a…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The plaintiffs sued, in ejectment to recover a piece-of *15land with a building thereon; they averred and proved that the property was originally owned in fee simple by their father, Michael O’Boyle, (the common source of title); that, July 12, 1877, Michael O’Boyle and Mary, his wife, conveyed the property to Michael O’Boyle, a son, who forthwith reconveyed it -to Mary O’Boyle, his mother; that, May 7, 1910, Mary O’Boyle died, testate, and devised the real estate in question to her son, Frank J. O’Boyle, for life, and upon his death to the plaintiffs in fee;…
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