Evans v. Taylor
Supreme Court of Pennsylvania
Appeal, No. 222, July T., 1895, by plaintiff, from judgment of C. P. No. 2, Phila. Co., December Term, 1892, No. 537, on verdict for defendant. Assumpsit to recover purchase money of real estate. Before Pennypacker, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 222, July T., 1895, by plaintiff, from judgment of C. P. No. 2, Phila. Co., December Term, 1892, No. 537, on verdict for defendant. Assumpsit to recover purchase money of real estate. Before Pennypacker, P. J. The facts appear by the opinion of the Supreme Court. At the trial the court excluded under objection and exception evidence to the effect that the defendant knew that Hilles street which was then unopened was on the city plan, and that the houses on the property were within the limits of the street and had been built after the street had been laid out. [1, 2] The court…
1Opinion of the Court
Opinion by
Mr. Justice Green,
It was agreed upon the trial that Hilles street, between Frank-ford avenue and Thomas street, was laid out on the city plan as a public street forty feet wide, and was confirmed, in 1858. It was never opened, and at some time after it was laid out, and before the title of Mrs. Evans accrued, certain buildings were erected on the front of the lot, and upon the part of it which was the bed of Hilles street. This was the situation of the property when Mrs. Evans contracted to sell it to Taylor. Under the act of April 3, 1851, P. L. 327, no damages could be recovered…
2Cases cited1 opinion
- Speakman v. ForepaughSupreme Court of Pennsylvania · 1863
3Cited by19 opinions
- Bashford v. West Miami Land Co.Supreme Court of Pennsylvania · 1928
- Nauman v. Treen Box Co.Supreme Court of Pennsylvania · 1924
- Joiner v. Ardmore Loan & Trust Co.Supreme Court of Oklahoma · 1912
- Tuskegee Land & Security Co. v. Birmingham Realty Co.Supreme Court of Alabama · 1909
- Ritter v. HillSupreme Court of Pennsylvania · 1924
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