Luck v. Luck
Supreme Court of Pennsylvania
Before Mercur, C. J., Gordon, Paxson, Sterrett, Green and Clark, JJ. Trunkev, J., absent. Error to the Court of Common Pleas of Snyder county: Of July Term 1886, No. 43. This was an action of assumpsit by Israel Lincoln Luck against Mary E. Luck, executrix of the last will and testament of Jeremiah Luck, deceased.
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Before Mercur, C. J., Gordon, Paxson, Sterrett, Green and Clark, JJ. Trunkev, J., absent. Error to the Court of Common Pleas of Snyder county: Of July Term 1886, No. 43. This was an action of assumpsit by Israel Lincoln Luck against Mary E. Luck, executrix of the last will and testament of Jeremiah Luck, deceased. The plaintiff in his nctrr set out in addition to the common counts: For that, whereas, the said Jeremiah Luck in his lifetime, to wit, on the day of August, A. D. 1884, at Penn township, in the county aforesaid, was indebted to the plaintiff in $2,000, being the value of the crops…
1Opinion of the CourtJustice Paxson
This was an action of assumpsit by one tenant in common against his co-tenant to recover the value of the crops raised *264by the latter upon the common property; in other words, for the use and occupation of the laud. -I am of opinion that the action will not lie under the facts of this case, in which opinion two of my colleagues concur. Three of them, however, are of a contrary opinion, and as our brother Tkttnkey did not hear the case we are unable to pass upon the first three assignments of error. We all agree, however, in reversing the case upon the twelfth assignment. The defendant’s…
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