Canole v. Allen
Superior Court of Pennsylvania
Appeal, No. 39, Jan. T., 1905, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1903, No. 119, on verdict for plaintiff in case of John F. Cañóle v. Jennie A. Allen, J. E. Rosengrant and Otto Devens. Ejectment for land in Lake township. Before Lynch, P. J, The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff. Defendant appealed.
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Appeal, No. 39, Jan. T., 1905, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1903, No. 119, on verdict for plaintiff in case of John F. Cañóle v. Jennie A. Allen, J. E. Rosengrant and Otto Devens. Ejectment for land in Lake township. Before Lynch, P. J, The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Orlad y, J.,
The common source of title to the land in dispute was in John C. Kitchen, who, on September 17, 1887, by deed duly recorded February 4, 1888, sold the land to John F. Canole. The defendant claims title by reason of a tax sale of the land, which title finally became vested in her. On the' trial of this ejectment the court gave binding instructions to find for the plaintiff and the defendant brings this appeal.
The defense made to the plaintiff’s title failed for two reasons, which are manifest in the evidence received, as well as in the offers of evidence which were…
2Cases cited11 opinions
- Hoffman v. BellSupreme Court of Pennsylvania · 1869
- McReynolds v. LongenbergerSupreme Court of Pennsylvania · 1868
- Lee v. NewlandSupreme Court of Pennsylvania · 1894
- Walker v. QuiggSupreme Court of Pennsylvania · 1837
- Kean v. KinnearSupreme Court of Pennsylvania · 1895
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3Cited by3 opinions
- Babcock Lumber Co. v. FaustSuperior Court of Pennsylvania · 1944
- Grakelow v. NashSuperior Court of Pennsylvania · 1929
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