Murphy v. Green
Superior Court of Pennsylvania
Appeal, No. 172, Oct. T., 1910, by defendants, from judgment of C. P. No. 4, Phila. Co., March T., 1909, No. 2,268, on verdict for plaintiff in case of Margaret Murphy, Assignee of Francis H. Thole, Trustee for John Roberts et al., Devisees of Eliza Roberts, deceased, Original Covenantee, v. John Roberts, Original Covenantor, and Freda B. Green, Real Owner. Assumpsit to recover a ground rent. Before Auden-ried, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 172, Oct. T., 1910, by defendants, from judgment of C. P. No. 4, Phila. Co., March T., 1909, No. 2,268, on verdict for plaintiff in case of Margaret Murphy, Assignee of Francis H. Thole, Trustee for John Roberts et al., Devisees of Eliza Roberts, deceased, Original Covenantee, v. John Roberts, Original Covenantor, and Freda B. Green, Real Owner. Assumpsit to recover a ground rent. Before Auden-ried, J. The facts are stated in the opinion of the Superior Court. Error assigned was in refusing to enter judgment for defendant non obstante veredicto. At the time the ground rent deed…
1Opinion of the Court
Opinion by
Morrison, J.,
In this action of assumpsit sur ground rent deed issue was joined and the case was tried before the court and a jury. At the trial the learned counsel for the respective parties agreed upon the facts and the court below held as a matter of law that the plaintiff was entitled to recover and directed the jury to find a verdict in favor of the plaintiff for the full amount of her claim. No question is raised as to the amount of the verdict, if the plaintiff is entitled to recover at all.
The defendant’s counsel asked the court for a binding instruction in favor of the…
2Cases cited26 opinions
- Wilson v. IsemingerSupreme Court of the United States · 1902
- Stroble v. SmithSupreme Court of Pennsylvania · 1839
- Putnam v. TylerSupreme Court of Pennsylvania · 1888
- Miller's AppealSupreme Court of Pennsylvania · 1877
- Duff v. WynkoopSupreme Court of Pennsylvania · 1874
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3Cited by3 opinions
- Powell v. PowellSuperior Court of Pennsylvania · 1976
- McAlpin v. Simpson, Pennsylvania Court of Common Pleas, Philadelphia County1946
- Powell v. PowellSuperior Court of Pennsylvania · 1976