Kidd v. Emmett
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: Of October and November Term 1871, No. 120. This was an action of ejectment brought February 19th 1862, by Andrew Emmett against James Kidd and Samuel Kidd. There was no declaration filed.
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Error to the District Court of Allegheny county: Of October and November Term 1871, No. 120. This was an action of ejectment brought February 19th 1862, by Andrew Emmett against James Kidd and Samuel Kidd. There was no declaration filed. The premises were described in the writ as follows: “A piece of land situate in Pine township, Allegheny county, Pa., bounded by lands of the defendants on the west, north and south, and by lands of Hugh Emmett, deceased, on the east, containing sixty-seven acres and one hundred and four perches.” On the 13th of January 1871, the case was referred in open…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, O. J.
— An error occurs in the award of the referees in this case, which renders the judgment uncertain and in fact incapable of execution. The award says, “We find for the plaintiff with costs of suit, all the lands described in the writ of ejectment except twelve acres of the north end of the land described in said writ, to be divided from the land found for the plaintiff by a line to run S. 3| deg. E., across the north end.”
The land was a parallelogram, lying lengthwise north and south, and it is claimed that a line S. 3J deg. E. would…
2Cases cited1 opinion
- Coleman v. LukensSupreme Court of Pennsylvania · 1841
3Cited by2 opinions
- La Vale Plaza, Inc., a New York Corporation v. R. S. Noonan, Inc., a Pennsylvania CorporationCourt of Appeals for the Third Circuit · 1967
- Rank v. RankSupreme Court of Pennsylvania · 1888