Lewis v. Baker
Supreme Court of Pennsylvania
Appeal, No. 169, July T., 1893, by defendants, from judgment of C. P. Union Co., Dec. T., 1888, No. 66, on verdict for plaintiff. Ejectment against tenants in possession for undivided one half of tract of land in Kelly township, known as the “ Clingan Farm.”
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Appeal, No. 169, July T., 1893, by defendants, from judgment of C. P. Union Co., Dec. T., 1888, No. 66, on verdict for plaintiff. Ejectment against tenants in possession for undivided one half of tract of land in Kelly township, known as the “ Clingan Farm.” Before McClubb, P. J. The evidence on behalf of defendant was summed up in the third assignment of error as follows: “That John L. Lewis died on May 20, 1869, leaving to survive him, five children : Thomas S. Lewis, the plaintiff; and Mrs. Rebecca Lamb, Mrs. Deborah Harris, Miss Sarah J. Lewis, Mrs. Martha E. Zeigler, his daughters, the…
1Opinion of the Court
Opinion by
Me. Justice Williams,
This action was brought in 1888 to recover the equal undivided one half of the tract of land known as the Clingan farm. The plaintiff holds the legal title to the one half as tenant in common with his father under a deed made to them in 1856. The defendants set up a variety of circumstances, including a family settlement made in the presence of John L. Lewis, the father, during his last sickness in 1869, as an equitable defence to the action. The case was first tried in 1891 and a verdict was rendered in favor of the plaintiff under the directions of the learned…
2Cases cited4 opinions
- Hill v. EpleySupreme Court of Pennsylvania · 1858
- Pancake v. CauffmanSupreme Court of Pennsylvania · 1886
- Lewis v. BakerSupreme Court of Pennsylvania · 1892
- Hamilton v. HamiltonSupreme Court of Pennsylvania · 1846
3Cited by2 opinions
- Knina v. Levine & SonSuperior Court of Pennsylvania · 1925
- Charles Rettig & Son v. BeckerSuperior Court of Pennsylvania · 1899