Gelston v. Donnon
Superior Court of Pennsylvania
Appeal, No. 96, April T., 1910, by plaintiffs, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1906, No. 178, on verdict for defendant in case of Thomas P. Gelston and Annie V. Smith v. John T. Donnon. Ejectment for land in the nineteenth ward of the city of Pittsburg. Before Kennedy, P. J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiffs appealed.
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Appeal, No. 96, April T., 1910, by plaintiffs, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1906, No. 178, on verdict for defendant in case of Thomas P. Gelston and Annie V. Smith v. John T. Donnon. Ejectment for land in the nineteenth ward of the city of Pittsburg. Before Kennedy, P. J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiffs appealed. Error assigned among others was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Rice, P. J.,
In 1904 Thomas Peter Gelston, otherwise called Peter Gelston, died intestate, seized of the lot of land in controversy, and left to survive him Mary A. Gelston, his widow, and Thomas P. Gelston and Annie Y. Smith, children of a deceased son of Thomas Peter Gelston and a former wife. On December 8, 1892, the decedent had executed and delivered to Joseph Fawell a mortgage for $300 ■ upon the property, which was duly recorded. Letters of administration upon the decedent’s estate were issued to the widow. On January 19, 1906, the mortgagee filed a praecipe for “amicable sci.…
2Cases cited5 opinions
- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
- Mather v. ClarkSupreme Court of Pennsylvania · 1833
- Wilson v. McCulloughSupreme Court of Pennsylvania · 1852
- Burdick v. NorrisSupreme Court of Pennsylvania · 1833
- Sanderson v. PhinneySupreme Court of Pennsylvania · 1885
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