Legal Opinion

New York & Ontario Land Co. v. Weidner

Supreme Court of Pennsylvania

Decided July 18, 1895No. Appeal No. 296PublishedCited by 6 opinions

Appeal No. 296, Jan. T., 1895, by defendants, from judgment of C. P. of Lackawanna Co., April T., 1893, No. 78, on verdict for plaintiff, in an action of ejectment. Action of ejectment for an undivided one eighth of a tract of land in the borough of Olyphant. Before Archbald, P. J. Alexander Dolph died in 1860, seized of a tract of land in the borough of Olyphant. Eight children survived him, one of whom was Laura C. Weidner, the defendant, intermarried with A. J. Weidner.

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Appeal No. 296, Jan. T., 1895, by defendants, from judgment of C. P. of Lackawanna Co., April T., 1893, No. 78, on verdict for plaintiff, in an action of ejectment. Action of ejectment for an undivided one eighth of a tract of land in the borough of Olyphant. Before Archbald, P. J. Alexander Dolph died in 1860, seized of a tract of land in the borough of Olyphant. Eight children survived him, one of whom was Laura C. Weidner, the defendant, intermarried with A. J. Weidner. Edward Dolph, one of the sons, became his administrator. In 1868, Edward purchased of his sister, Laura, all her right,…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

An outline of the facts in chronological order will assist in the consideration of the assignments of error.

1. 1868. Deed by appellant to Dolph, predecessor in title to appellee.

2. 1888. First ejectment, Appellant v. Dolph. Nov., 1892, judgment; and Dec., 1892, rule on appellee, terre tenant, to bring second ejectment.

3. 1889 and 1890. Deeds by Dolph to Kerr, and Kerr to appellee, and death of Dolph.

1890. Bill by Dolph’s executors to reform acknowledgment of deed of 1868 from appellant to Dolph.

1891. Act of assembly relative to deeds. All the matters under this…

2Cases cited4 opinions

  1. Mercer v. WatsonSupreme Court of Pennsylvania · 1833
  2. Grim v. Weissenberg School DistrictSupreme Court of Pennsylvania · 1868
  3. Hand v. WeidnerSupreme Court of Pennsylvania · 1892
  4. Shrawder v. Snyder, Pennsylvania Court of Common Pleas, Montgomery County1891

3Cited by6 opinions

  1. In Re Parkwood, Inc. American Security and Trust Co., Trustee in Reorganization of Parkwood, Inc. v. Equitable Life Insurance Co. In Re Parkwood, Inc. American Security and Trust Co., Trustee in Reorganization of Parkwood, Inc. v. Manufacturers Life Insurance Co. In Re Adams Properties, Inc. American Security and Trust Co., Trustee in Reorganization of Adams Properties, Inc. v. Hartford Life Insurance CoCourt of Appeals for the D.C. Circuit · 1972
  2. Detwiler v. ColdrenSuperior Court of Pennsylvania · 1930
  3. Kyper v. SheafferSuperior Court of Pennsylvania · 1910
  4. Kiskaddon v. DoddsSuperior Court of Pennsylvania · 1902
  5. American Security & Trust Co. v. Equitable Life InsuranceCourt of Appeals for the D.C. Circuit · 1971

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