Introducing ATLASLearn more
Legal Opinion

In re Foster's Petition

Supreme Court of Pennsylvania

Decided January 5, 1914No. Appeal, No. 14PublishedCited by 28 opinions

Appeal, No. 14, Oct. T., 1913, by petitioner, from judgment of Superior Court, Apr. T., 1912, No. 31, reversing judgment of C. P. Indiana Co., Sept. T., 1910, No. 26, in re petition of Andrew Foster for rule on W. H. H. Smyers, to bring action of ejectment. Appeal from the Superior Court. The facts appear by the opinion of Bice, P. J., 51 Pa. Superior Ct. 224, and by the opinion of the Supreme Court.

Read the full summary

Appeal, No. 14, Oct. T., 1913, by petitioner, from judgment of Superior Court, Apr. T., 1912, No. 31, reversing judgment of C. P. Indiana Co., Sept. T., 1910, No. 26, in re petition of Andrew Foster for rule on W. H. H. Smyers, to bring action of ejectment. Appeal from the Superior Court. The facts appear by the opinion of Bice, P. J., 51 Pa. Superior Ct. 224, and by the opinion of the Supreme Court. The court reversed the judgment of the Court of Common Pleas in favor of petitioner. Petitioner appealed. Error assigned was the judgment of the Superior Court.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

Andrew Foster filed a petition in the court below averring that he was the owner and in possession of a certain tract of land in North Mahoning Township, Indiana County; that W. H. H. Smyers claimed title to a portion of the said tract of land containing from one-third to one-half an acre'; that he was desirous of settling the title to the portion of land in dispute; and prayed for a rule on Smyers to bring an action of ejectment within six months or show cause why the same could not be brought. The rule was granted June 9, 1910, returnable on the first day of…

2Cases cited3 opinions

  1. Spangler v. TroglerSupreme Court of Pennsylvania · 1910
  2. Platt-Barber Co. v. GrovesSupreme Court of Pennsylvania · 1899
  3. Utley v. CobbSuperior Court of Pennsylvania · 1910

3Cited by28 opinions

  1. Kariher's Petition (No. 1)Supreme Court of Pennsylvania · 1925
  2. Null v. StaigerSupreme Court of Pennsylvania · 1939
  3. Driskel v. O'ConnorSupreme Court of Pennsylvania · 1940
  4. Wax v. Van MarterSuperior Court of Pennsylvania · 1936
  5. Seven Springs Farm, Inc. v. KingSuperior Court of Pennsylvania · 1975

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API