Legal Opinion

Updegraff v. McCormick

Supreme Court of Pennsylvania

Decided May 27, 1901No. Appeal, No. 57PublishedCited by 1 opinion

Appeal, No. 57, Jan. T., 1901, by plaintiff, from judgment of C. P. Lycoming Co., Sept. T., 1899, No. 94, on trial by the court without a jury, in case of Annie E. Updegraff v. Henry C. McCormick and Jacob Weaver, Executors of William Weaver, Deceased. Ejectment for lots of land in the borough of Montoursville.

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Appeal, No. 57, Jan. T., 1901, by plaintiff, from judgment of C. P. Lycoming Co., Sept. T., 1899, No. 94, on trial by the court without a jury, in case of Annie E. Updegraff v. Henry C. McCormick and Jacob Weaver, Executors of William Weaver, Deceased. Ejectment for lots of land in the borough of Montoursville. The case was tried by Metzger, P. J., without a jury, under the act of April 22, 1874, who filed the following opinion; This is in an action of ejectment brought by the plaintiff to recover a lot of land situate in the borough of Montoursville in the county of Lycoming and state of…

1Opinion of the Court

Pee Curiam,

While the findings of fact and the conclusions of law were assailed by the plaintiff there was nothing in the testimony or in the cases cited which in any degree qualified either of them. It is a fair and just inference from the testimony and the law applicable to it that the conclusion arrived at by the learned court below harmonizes with the devise to Annie E. Updegraff of lot No. 9. It was the “lot of land and buildings situate at the Northwest corner of Main and Mill streets,” that was devised, and not the other lots of land which the testator purchased long after he acquired…

2Cited by1 opinion

  1. Aubrey v. CurtzeSuperior Court of Pennsylvania · 1916

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