Brothers v. Mitchell
Supreme Court of Pennsylvania
Appeal, No. 13, July T., 1893, by defendants, Louis Mitchell et al., trustees, from judgment of C. P. Perry Co., Jan. T., 1892, No. 36, on verdict for plaintiffs, James S. Brothers and wife. Ejectment. At the trial it appeared that plaintiffs by mistake had included in the praecipe a graveyard to which they made no claim. They filed an amended prsecipe, but in the description by courses and distances failed to exclude the graveyard.
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Appeal, No. 13, July T., 1893, by defendants, Louis Mitchell et al., trustees, from judgment of C. P. Perry Co., Jan. T., 1892, No. 36, on verdict for plaintiffs, James S. Brothers and wife. Ejectment. At the trial it appeared that plaintiffs by mistake had included in the praecipe a graveyard to which they made no claim. They filed an amended prsecipe, but in the description by courses and distances failed to exclude the graveyard. Both plaintiffs and defendants claimed through Joseph Mitchell, who was dead at the time suit was brought. Plaintiffs claimed under a deed, executed and delivered…
1Opinion of the Court
Opinion by
Mb. Chibe Justice Sterrett,
There was no error in rejecting the offer recited in the first specification; nor do we think, in view of the evidence, that there was any error in 'declining to affirm the defendants’ first point. On the subject of constructive notice, etc., to which that point relates, the instructions contained in the general charge were adequate, and all that was warranted by the testimony.
The third and last specification challenges the sufficiency of the verdict as a reliable, guide in executing the judgment in favor of plaintiffs. It alleges that the verdict “ is…
2Cited by5 opinions
- Robbins v. FarwellSupreme Court of Pennsylvania · 1899
- Leonard v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1917
- Rudolph v. RudolphSupreme Court of Pennsylvania · 1904
- Rudolph v. RudolphSuperior Court of Pennsylvania · 1901
- Zombory v. Henry, Pennsylvania Court of Common Pleas, Westmoreland County1945