Yocum v. Zahner
Supreme Court of Pennsylvania
Appeal, No. 345, Jan. T., 1894, by defendant, William Zahner, from judgment of C. P. Columbia Co., May T., 1890, on verdict for plaintiff, Franklin Yocum, guardian of Nora Levan, minor. Trespass for cutting timber. Before Ikeler, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 345, Jan. T., 1894, by defendant, William Zahner, from judgment of C. P. Columbia Co., May T., 1890, on verdict for plaintiff, Franklin Yocum, guardian of Nora Levan, minor. Trespass for cutting timber. Before Ikeler, P. J. The facts appear by the opinion of the Supreme Court. Ejectment, No. 137, May T., 1886, had been brought between the same parties with notice of claim of mesne profits, but the court directed a verdict for defendant on the ground that plaintiff was not entitled to possession as against the life tenant. Plaintiff offered to show by his own testimony the acts of…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
When the facts in this case are understood the legal questions presented by them are by no means difficult of determination. The land which is the subject of controversy was owned, as early as 1873, by Frederick Dootju He sold and conveyed it to his daughter Lucy, then the wife of Lawson Levan, in 1878. About two months after the deed to her, she died leaving her husband and an infant daughter Nora surviving her. Upon her death the title to the land descended to her daughter as heir at law, but it was subject to the life estate of the husband, given by the…
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