Carroll v. Miner
Superior Court of Pennsylvania
Appeal No. 4, Feb. T., 1896, by defendants, from judgment of C. P. Sullivan Co., Sept. T., 1894, No. 96, on verdict for the plaintiff. Ejectment for one lot of land in Dushore, Sullivan Co., Pennsylvania. Both parties to this action of ejectment claimed under John Miner; the plaintiff by sheriff’s sale in 1892 on the McMahan judgment, and the defendant by sheriff’s sale in 1890 on the Adriance Platt & Co. judgment.
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Appeal No. 4, Feb. T., 1896, by defendants, from judgment of C. P. Sullivan Co., Sept. T., 1894, No. 96, on verdict for the plaintiff. Ejectment for one lot of land in Dushore, Sullivan Co., Pennsylvania. Both parties to this action of ejectment claimed under John Miner; the plaintiff by sheriff’s sale in 1892 on the McMahan judgment, and the defendant by sheriff’s sale in 1890 on the Adriance Platt & Co. judgment. The case turns on the title .acquired by virtue of the earlier' sale. It was claimed by the pjlaintiff, that the levy was on lots designated on the accompanying draft as (1), (2)…
1Opinion of the Court
Opinion by
Rice, P. J.,
In that portion of his charge which is the subject of the eleventh assignment of error, the learned judge below instruct^ ed the jury that the levy was upon three distinct tracts, and the case was tried upon that theory. The contention of the defendant is, that the levy, taken as a whole, and construed in the light of the extrinsic evidence as to the location and use of the buildings, was a levy upon the three contiguous lots, which, together, constituted but one property. Was there sufficient evidence to warrant the submission of this question to the jury ? The…
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