Smith v. Miller

Opinion by

Mr. Justice Simpson,

This is a second appeal in an action of ejectment. When the case was here before (Smith v. Miller, 289 Pa. 184), the point to be decided was whether or not, on the pleadings, plaintiff was entitled to a summary judgment. We held she was not; but none of the matters now to be determined was raised, considered or decided.

On the present appeal, the ultimate question is whether, as between themselves, plaintiff’s or defendants’ predecessor in title obtained Frank C. Miller’s recorded title to the property in suit? He conveyed it to defendants’ predecessor on December…