Ohio River Junction Railroad v. Pennsylvania Co.
Supreme Court of Pennsylvania
Appeal, No. 45, Oct. T., 1908, by defendant, from judgment of C. P. Beaver Co., June T., 1906, No. 332, on verdict for plaintiff in case of Ohio River Junction Railroad Company v. Pennsylvania Company. Ejectment for land in Rochester township. Before Thomas, P. J., specially presiding. At the trial it appeared that both parties claimed title from one J. E. Herrold.
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Appeal, No. 45, Oct. T., 1908, by defendant, from judgment of C. P. Beaver Co., June T., 1906, No. 332, on verdict for plaintiff in case of Ohio River Junction Railroad Company v. Pennsylvania Company. Ejectment for land in Rochester township. Before Thomas, P. J., specially presiding. At the trial it appeared that both parties claimed title from one J. E. Herrold. The court charged in part as follows: It seems that on December 18, 1900, Mr. J. E. Herrold entered into a contract with one George I. Park for the sale of this land. That contract or article of agreement has been read in your…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This was an action in ejectment. The plaintiff rested its right" of recovery on an article of agreement .for the purchase of the land in dispute with John E. Herrold, under whom the defendant also claimed, executed December 18, 1900. When the agreement was offered in évidence objection was made that it was not stamped in accordance with the requirements of the act of congress of June 13, 1898, 30 Statutes at Large, 448. While the paper did bear a revenue stamp, it was admittedly inadequate in amount. The court overruled the objection, and admitted the paper…
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