Kraft v. Smith
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE BLAIR COUNTY. No. 81 January Term 1886, Sup. Ct.; court below, No. 108 April Term 1888, C. P. This was an action of ejectment brought on April 20, 1883, by Peter Smith against Jacob Kraft and Philip Kimmel to recover a lot of ground in Altoona.
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ERROR TO THE COURT OE COMMON PLEAS OE BLAIR COUNTY. No. 81 January Term 1886, Sup. Ct.; court below, No. 108 April Term 1888, C. P. This was an action of ejectment brought on April 20, 1883, by Peter Smith against Jacob Kraft and Philip Kimmel to recover a lot of ground in Altoona. On April 27,1878, the lot in dispute was sold at sheriff’s sale as the property of Peter Smith, the plaintiff in the ejectment, to Lawrence Kimmel, who received the sheriff’s deed therefor on August 26, 1878. At the date of this suit Philip Kimmel was in possession as vendee of Lawrence Kimmel of one half the lot,…
1Opinion of the Court
Opinion,
Me. Justice Green:
The third assignment of error must be sustained, because the reply made by the learned court below to the defendants’ eighth point was no answer to it. The defendants presented certaM hypothetical facts in the point and requested the instruction of the court upon the effect of those facts if believed by the jury. The answer given by the court was, “TMs point raises a question of fact for the jury; its weight is entirely for them.” This was no answer at all, as it gave the jury no mstruction as to what they might or should do if they believed the facts submitted in…
2Cases cited7 opinions
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