Knauer v. McKoon
Superior Court of Pennsylvania
Appeal, No. 138, Oct. T., 1901, by plaintiff, from judgment of O. P. Chester County, April T., 1900, No. 2, on verdict for defendant in case of Davis Knauer v. D. B. McKoon. Feigned issue to determine title to certain rails. Before Butler, J. The facts appear by the opinion of the Superior Court.
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Appeal, No. 138, Oct. T., 1901, by plaintiff, from judgment of O. P. Chester County, April T., 1900, No. 2, on verdict for defendant in case of Davis Knauer v. D. B. McKoon. Feigned issue to determine title to certain rails. Before Butler, J. The facts appear by the opinion of the Superior Court. The court charged in part as follows : In the opinion of the court the evidence presented by the plaintiff does not establish his title to the rails on the siding No. 2, that is, the other siding. Those rails were put down at a time subsequent to the completion of the construction of the Delaware…
1Opinion of the Court
Opinion by
Orlady, J.,
D. D. McKoon issued an execution on a judgment he held against Neil McDonald and levied upon certain rails, spikes, ties, etc., on two railroad sidings located upon the lands of Davis Knauer. All of the property was claimed by Knauer and a feigned issue was framed to determine the title to it. On the trial of this issue the jury was directed by the court to return a verdict for the defendant for the reason, that the plaintiff had not established his title under the evidence.
It appears that Neal McDonald was identified with and represented a syndicate of parties who were…
2Cases cited3 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Altemus v. TrimbleSupreme Court of Pennsylvania · 1848
- McCombs v. RowanSupreme Court of Pennsylvania · 1868