Legal Opinion

Linn v. Bowman

Superior Court of Pennsylvania

Decided July 14, 1921No. Appeal, No. 133PublishedCited by 3 opinions

Appeal, No. 133, April T., 1921, by plaintiffs, from judgment of C. P. Somerset Co., Sept. T., 1920, No. 265, on verdict for defendant in tbe case of Clara Mae Linn and Susan House v. Millard Bowman. Ejectment for a certain lot of ground situated in Boynton, Somerset County, Pennsylvania. Before Berk-EY, P. J. The facts are stated in the opinion of the Superior Court. Verdict for defendant and judgment thereon. Plaintiffs appealed.

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Appeal, No. 133, April T., 1921, by plaintiffs, from judgment of C. P. Somerset Co., Sept. T., 1920, No. 265, on verdict for defendant in tbe case of Clara Mae Linn and Susan House v. Millard Bowman. Ejectment for a certain lot of ground situated in Boynton, Somerset County, Pennsylvania. Before Berk-EY, P. J. The facts are stated in the opinion of the Superior Court. Verdict for defendant and judgment thereon. Plaintiffs appealed. Error assigned, among others, was the refusal of plaintiffs’ motion for judgment non obstante veredicto. Bank v. Hartmen, 8 Pa. Superior Ct. 170; Morris et al. v.…

1Opinion of the Court

Opinion by

Head, J.,

The action was ejectment. Both parties claim under Catharine Hoenshell, deceased, who thus becomes the common ancestor in title. The plaintiffs, who are her next of kin, rest their case on the proposition that as to the locus in quo she died intestate. The defendant contends that the will, executed by the said Catharine in her lifetime and duly admitted to probate after her death, disposed of her entire estate and vested the title to the premises in dispute in those from whom he purchased. The trial judge held with the defendant that the will was effective in law to carry…

2Cases cited2 opinions

  1. Braden v. CannonSupreme Court of Pennsylvania · 1854
  2. Homet v. BaconSupreme Court of Pennsylvania · 1889

3Cited by3 opinions

  1. Hill EstateSupreme Court of Pennsylvania · 1968
  2. Bowen's EstatePennsylvania Orphans' Court, Philadelphia County · 1938
  3. Diehl EstatePennsylvania Orphans' Court, Bedford County · 1949

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