Legal Opinion

Biesecker v. Cobb

Superior Court of Pennsylvania

Decided March 21, 1900No. Appeal, No. 50PublishedCited by 2 opinions

Appeal, No. 50, Jan. T., 1900, by-defendants, from judgment of C. P. Wayne Co., March T., 1899, No. 7, for plaintiff. Opinion by Rice, P. J. Appeal from justice of peace. It appears from the record that this was an appeal from a justice of-the peace, and that afterwards, by agreement of counsel, it was made an action of ejectment, and submitted under the provisions of the act of April 22, 1874, for trial by the court.

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Appeal, No. 50, Jan. T., 1900, by-defendants, from judgment of C. P. Wayne Co., March T., 1899, No. 7, for plaintiff. Opinion by Rice, P. J. Appeal from justice of peace. It appears from the record that this was an appeal from a justice of-the peace, and that afterwards, by agreement of counsel, it was made an action of ejectment, and submitted under the provisions of the act of April 22, 1874, for trial by the court. The court below, Purdy, P. J., filed the following opinion: This cause was submitted, under the provisions of the act of April 22, 1874, for trial by the court without a jury.…

1Opinion of the Court

Opinion by

Rice, P. J.,

The facts of the case are very clearly stated in the findings of the learned judge of the court below, and may be briefly summarized as follows: April 28, 1888, judgment Charles M. West against E. S. H. Cobb; October 31, 1893, E. S. H. Cobb died testate devising to his wife, “ the right of dower and the balance of my estate real and personal to my surviving children, share and share alike; ” March 3, 1896, sci. fa. sur above judgment, served on executrix April 9, 1896; April 16,1896, heirs and devisees conveyed to Huslander; March 17, 1898, Huslander conveyed to Coursen;…

2Cases cited6 opinions

  1. Konigmaker v. BrownSupreme Court of Pennsylvania · 1850
  2. Middleton's Executors v. MiddletonSupreme Court of Pennsylvania · 1884
  3. Baxter v. Allen & NeedlesSupreme Court of Pennsylvania · 1875
  4. Brown's AppealSupreme Court of Pennsylvania · 1880
  5. McMurray's Administrators v. HopperSupreme Court of Pennsylvania · 1863

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3Cited by2 opinions

  1. Specht v. SipeSuperior Court of Pennsylvania · 1900
  2. Bowman v. HokeSuperior Court of Pennsylvania · 1906

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