Degenkolv v. Daube

Opinion by

Cunningham, J.,

The subject matter of the litigation out of which this appeal arises is the house and lot at No. 2544 N. Jessup Street, Philadelphia, and the underlying issue in the court below was whether Charles Daube, appellant herein, a son of Henry and Wilhelmina Daube, has a valid title to these premises to the exclusion of his brother, Henry Daube, and the children of his deceased sister, Anna (Daube) Smiles, the appellees. A decision upon practically the same question was sought, but not obtained, when the case of Smiles et al. v. Daube, (130 Pa. Superior Ct. 565, 198 A. 457)…