Mobley v. Bruner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: No. 137, to October and November Term 1868. This was an action of ejectment, commenced May 3d 1865, for 67 acres of land in Luzerne township, Payette county. On the 14th of December 1866, the court directed that Margaret Easter and eleven others alleged to be heirs of Achor Worley under whom the plaintiff claimed should be added as plaintiffs.
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Error to the Court of Common Pleas of Fayette county: No. 137, to October and November Term 1868. This was an action of ejectment, commenced May 3d 1865, for 67 acres of land in Luzerne township, Payette county. On the 14th of December 1866, the court directed that Margaret Easter and eleven others alleged to be heirs of Achor Worley under whom the plaintiff claimed should be added as plaintiffs. On the trial before Gilmore, P. J., the plaintiff gave in evidence a sheriff’s deed dated June 15th 1823 to Achor Worley for a tract of 100 acres sold as the property of Noah Lewis; also that the…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1869, by
Williams, J.
There is nothing in the first three assignments of error requiring much discussion. The judgment of nonsuit was properly entered against the plaintiffs, w.ho failed to establish their right to the land in controversy. It did the defendant no *483harm, and was expressly authorized by the Act of the 31st of March 1823.
It does not appear that the court was asked to enter a compulsory nonsuit against all the plaintiffs, and if the record had shown such a request, the refusal of the court to order a nonsuit would not have been…
2Cases cited1 opinion
- M'Culloch v. CowherSupreme Court of Pennsylvania · 1843
3Cited by15 opinions
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- Schuldt v. Reading Trust Co.Supreme Court of Pennsylvania · 1928
- MALONEY v. RodgersSuperior Court of Pennsylvania · 1957
- Desroches v. McCraryMichigan Supreme Court · 1946
- Moppin v. NortonSupreme Court of Oklahoma · 1914
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