Hymen v. Gatta
Superior Court of Pennsylvania
Appeal, No. 14, March T., 1907, by plaintiff, from judgment of G. P. Sullivan Co., Dec. T., 1905, No. 81, on verdict for defendant in case of Louis J. Hymen, now to use of Nettie Hymen v. Louis Gatta and Jennie Gatta. Ejectment for land in Cherry township. Before Terry, P. J. The opinion of the Superior Court states the case. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 14, March T., 1907, by plaintiff, from judgment of G. P. Sullivan Co., Dec. T., 1905, No. 81, on verdict for defendant in case of Louis J. Hymen, now to use of Nettie Hymen v. Louis Gatta and Jennie Gatta. Ejectment for land in Cherry township. Before Terry, P. J. The opinion of the Superior Court states the case. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Morrison, J.,
At the trial of this action in ejectment the learned court gave a binding instruction in favor of the defendants, and having entered judgment thereon the plaintiff, Nettie Plymen, appealed. The question is, was the learned court warranted in giving a binding instruction in favor of the defendants ? In our opinion the instruction was right, and the case is controlled by a few well-settled principles of law.
In 1858, John A. Funston became the owner of a small tract of land in Cherry township, Sullivan county, of which the lot in dispute is a part. In 1870 or 1871, while…
2Cases cited4 opinions
- Krider v. LaffertySupreme Court of Pennsylvania · 1836
- Blasdell v. BissellSupreme Court of Pennsylvania · 1847
- Marcy v. BrockSupreme Court of Pennsylvania · 1903
- Eshleman v. RankinSuperior Court of Pennsylvania · 1906
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- Smith v. MillerSupreme Court of Pennsylvania · 1927
- Allison Et Ux. v. Oligher Et Ux.Superior Court of Pennsylvania · 1940
- Marino v. MoffaSuperior Court of Pennsylvania · 1918
- Martin v. HoshauerSuperior Court of Pennsylvania · 1920