Canole v. Allen
Supreme Court of Pennsylvania
Appeal, No. 26, Jan. T., 1908, by defendants, from judgment of C. P. Luzerne Co., Feb. T., 1906, No. 441, on verdict for plaintiff in case of John F. Cañóle v. Walter J. Allen and Jennie A. Allen. Trespass to recover damages for the alleged wrongful removal of a dwelling house from plaintiff’s land. Before Wheaton, J. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $2,300. Defendants appealed.
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Appeal, No. 26, Jan. T., 1908, by defendants, from judgment of C. P. Luzerne Co., Feb. T., 1906, No. 441, on verdict for plaintiff in case of John F. Cañóle v. Walter J. Allen and Jennie A. Allen. Trespass to recover damages for the alleged wrongful removal of a dwelling house from plaintiff’s land. Before Wheaton, J. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $2,300. Defendants appealed. Error assigned among others was (6) answer to plaintiff’s point, quoted in the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr.'Justice Stewart,
This controversy has its origin in a disputed title to a lot of ground at Harvey’s Lake. The appellants, Walter A. Allen and Jennie A., his wife, were in possession of the lot, claiming under a tax title in the wife’s name. Trusting, unwisely as it turned out, in the sufficiency of this title, they proceeded to erect a building on the lot, the husband actively participating in and superintending the work. Before the foundations had been completed Canole, the appellee, learning that work was being done by someone on the lot, went to the premises and there had an…
2Cases cited1 opinion
- Ballentine v. WhiteSupreme Court of Pennsylvania · 1874
3Cited by29 opinions
- Blake v. WilsonSupreme Court of Pennsylvania · 1920
- Commonwealth v. MooreSupreme Court of Pennsylvania · 1973
- Huffman v. SimmonsSuperior Court of Pennsylvania · 1938
- Ulrich's CaseSupreme Court of Pennsylvania · 1920
- Commonwealth v. BorrisSuperior Court of Pennsylvania · 1977
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