Rothermel v. Rothermel

Opinion by

Me. Justice Deew,

This appeal is from a judgment of the court of common pleas to which the orphans’ court had awarded a feigned issue to determine the identity of the grantee in two deeds conveying certain real estate and ground rents. On the solution of this question depends the distribution of moneys derived from the sale of the realty and from the extinguishment of the ground rents. The jury found in favor of plaintiff, but, on motion of defendants, the executors, the court en banc entered judgment n. o. v. Without awaiting the return of the precept to the orphans’ court and a…