Bonaffon v. Peters
Supreme Court of Pennsylvania
APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 133 July Term 1889, Sup. Ct.; court below, No. 287 September Term 1882, C. P. No. 1. To the number and term in the court below, A. L. Bonaffon brought ejectment against Emanuel Peters and Emanuel K. Peters for three parcels of land in the city of Philadelphia. The defendants pleaded not guilty.
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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 133 July Term 1889, Sup. Ct.; court below, No. 287 September Term 1882, C. P. No. 1. To the number and term in the court below, A. L. Bonaffon brought ejectment against Emanuel Peters and Emanuel K. Peters for three parcels of land in the city of Philadelphia. The defendants pleaded not guilty. At the trial, the plaintiff put in evidence the writ of ejectment and the return thereto, to show possession by the defendants. The return stated that the writ was served upon Emanuel Peters, “ he being the owner of…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson :
This was an action of ejectment. The court below directed a verdict for the plaintiff, “ subject to the opinion of the court upon the question whether there is any evidence to go to the jury of the plaintiff’s right to the possession of or title to the premises described in the writ.” The court entered judgment on the verdict. The instruction to find for the plaintiff is assigned for error.
The plaintiff’s evidence was this : (A) Deed from Worth et us. to A. L. Bonaffon, (plaintiff,) dated October 23,1879, duly recorded; and (5) deed from Oliver Whitaker to J.…
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