Cummisky v. Cummisky
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, of Crawford county : Of January Term, 1885, No. 153. Ejectment, by Patrick Cummisky against Nora and Bernard Cummisky for a certain lot of ground in, Titusville. On the trial, before Church, P. J., the following facts appeared: On July 12th, 1881, Patrick Cummisky and Nora, the wife of Bernard Cummisky, were tenants in common of the land in dispute, each owning an undivided one half part thereof.
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Error to the Court of Common Pleas, of Crawford county : Of January Term, 1885, No. 153. Ejectment, by Patrick Cummisky against Nora and Bernard Cummisky for a certain lot of ground in, Titusville. On the trial, before Church, P. J., the following facts appeared: On July 12th, 1881, Patrick Cummisky and Nora, the wife of Bernard Cummisky, were tenants in common of the land in dispute, each owning an undivided one half part thereof. On December 19th, 1881, Patrick brought an action of partition, at law, against Nora, in which Bernard was joined. In pursuance of this action the land described…
1Opinion of the CourtJustice Gordon
The counsel for the plaintiff below requested the court to charge the jury “ that the judgment rendered in the action of partition is conclusive upon Nora Cummisky, and the subsequent proceeding's by which the land was sold and purchased by I. S. Jones vested a good title in him and his vendee, Patrick Cummisky, as against Nora Cummisky and her husband.” This was refused as was a second point, requiring the direction that the proceedings in the partition could not be impeached in the action of ejectment then trying. We think the refusal to answer as requested in both these points was error.…
2Cited by2 opinions
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