Kellner v. Stahl

Gordon, J.,

This case is before the court on a motion for judgment non obstante veredicto. The proceeding is in ejectment. The plaintiff is executor under the will of Mary Maier, deceased, and the defendant is in possession of ten pieces of real estate, situated in the City of Philadelphia, of which Mary Maier died seized.

The facts were not in dispute at the trial, and the trial court gave binding instructions for the defendant as to an undivided two-thirds interest, as tenant in common of the real estate, and for the plaintiff as to the remaining one-third. The defendant has now filed this…