Legal Opinion

Richards v. Buffalo etc. R.

Supreme Court of Pennsylvania

Decided June 4, 1890No. 30PublishedCited by 5 opinions

APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF MERCER COUNTY. No. 30 October Term 1889, Sup. Ct.; court below, No. 109 June Term 1887, C. P. On May 27,1887, G. C. .Richards and Anna R., his wife, in the right of said wife, brought ejectment against the Buffalo, New York & Phila. R. Co., for a strip of land in Jackson township, Mercer county, occupied by the defendant for its right of way. Issue. Subsequently, the name of the Western N. Y. & Pa.

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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF MERCER COUNTY. No. 30 October Term 1889, Sup. Ct.; court below, No. 109 June Term 1887, C. P. On May 27,1887, G. C. .Richards and Anna R., his wife, in the right of said wife, brought ejectment against the Buffalo, New York & Phila. R. Co., for a strip of land in Jackson township, Mercer county, occupied by the defendant for its right of way. Issue. Subsequently, the name of the Western N. Y. & Pa. R. Co. was added as a defendant. At the trial on May 16, 1888, both parties claimed title through one Samuel Pew, in whom it was agreed that…

1Opinion of the Court

Opinion,

Mr. Justice Sterrett:

It was admitted that on and prior to February 2, 1866, *529Samuel Pew owned in fee a tract of land including the strip in controversy, and that under him, as a common source of title, both parties to this action of ejectment, respectively, claim and defend. The evidence shows that on that day Samuel Pew, by articles of agreement, transferred a part of said tract to his sons Joseph Y. and A. Preston Pew; that, by sundry mesne conveyances, a portion of said last-mentioned tract, including the land in controversy, became vested in Elizabeth Cousins October 8,1870; and…

2Cases cited1 opinion

  1. McClinton v. Pittsburg, Fort Wayne & Chicago Railway Co.Supreme Court of Pennsylvania · 1870

3Cited by5 opinions

  1. Farmers Trust Co. v. BombergerSupreme Court of Pennsylvania · 1987
  2. Stahl v. Buffalo, Rochester & Pittsburgh Railway Co.Supreme Court of Pennsylvania · 1919
  3. Coatesville & Downingtown Street Railway Co. v. Uwchlan Street Railway Co.Superior Court of Pennsylvania · 1901
  4. Gillespie v. Buffalo, Rochester & Pittsburg Railway Co.Superior Court of Pennsylvania · 1901
  5. Irvin v. BlackaSupreme Court of Pennsylvania · 1931

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