Bennett v. Biddle
Supreme Court of Pennsylvania
Appeal, No. 175, July T., 1891, by defendant from judgment of C. P. Chester Co., Oct T., 1889, No. 19, on verdict for plaintiff. Trespass for obstruction to way. Writ issued Aug. 27,1889. The facts appear by the opinion of the Supreme Court. On the trial before Waddell, P. J., plaintiff offered George Temple, a former owner of defendant’s property, as a witness, who testified, under objection and exception, that he bought the property from Henry Hulme.
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Appeal, No. 175, July T., 1891, by defendant from judgment of C. P. Chester Co., Oct T., 1889, No. 19, on verdict for plaintiff. Trespass for obstruction to way. Writ issued Aug. 27,1889. The facts appear by the opinion of the Supreme Court. On the trial before Waddell, P. J., plaintiff offered George Temple, a former owner of defendant’s property, as a witness, who testified, under objection and exception, that he bought the property from Henry Hulme. When he was negotiating for the farm, witness’s father objected to buying the place on account of the lane being there. “ Q. What was said ?…
1Opinion of the Court
Opinion by
Mb. Justice Williams,
This case turns upon a single question of fact. The parties own adjoining farms which in 1826 came into the possession and ownership of two brothers, John Bennett and Thomas Bennett. John lived on his farm till his death in 1882 and his son, the plaintiff, succeeded him. Thomas died in 1842. On the settlement of his estate his farm became the property of T. Elwood Bennett his son, who in 1855 sold it to Abram Huey.' The defendant bought it in 1876. From 1826 to 1855, a period of twenty-nine years, both farms were owned by the Bennetts. During the next…
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