Legal Opinion

Riggs v. New Castle

Supreme Court of Pennsylvania

Decided January 3, 1911No. Appeal, No. 164PublishedCited by 16 opinions

Appeal, No. 164, Oct. T., 1910, by plaintiffs, from judgment of C. P. Lawrence Co., March T., 1906, No. 39, on verdict for defendant in case of Bird C. Riggs et al. v. City of New Castle. Ejectment for land in New Castle city. Before Porter, P. J. The opinion of the Supreme Court states the case. Error assigned among others was in giving binding instructions for defendant.

1Opinion of the Court

Opinion by

Mr. Justice Moschziskek,

The proper construction of a written instrument is the essential point for determination in this case.

In 1856 the land in controversy was owned by certain ancestors of the present plaintiffs. On March 1 of that year they, as parties of the first part, entered into a written agreement under seal with the borough of New Castle, as party of the second part, which was duly acknowledged and filed of record. This writing provides: “The parties of the first part upon consideration of the premises hereinafter expressed, hereby agree that the said party of the second…

2Cases cited13 opinions

  1. Landell v. HamiltonSupreme Court of Pennsylvania · 1896
  2. Slegel v. LauerSupreme Court of Pennsylvania · 1892
  3. Lane v. NelsonSupreme Court of Pennsylvania · 1895
  4. First Methodist Episcopal Church v. Old Columbia Public Ground Co.Supreme Court of Pennsylvania · 1883
  5. Krider v. LaffertySupreme Court of Pennsylvania · 1836

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3Cited by16 opinions

  1. Philadelphia v. Merchant & Evans Co.Supreme Court of Pennsylvania · 1929
  2. Higbee Corporation v. KennedySuperior Court of Pennsylvania · 1981
  3. Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
  4. Sapper v. MathersSupreme Court of Pennsylvania · 1926
  5. T. W. Phillips Gas & Oil Co. v. LingenfelterSupreme Court of Pennsylvania · 1919

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