Morris v. Ziegler
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Perry county: No. 74, to May Term 1872. On the 5th of April 1871, David Ziegler instituted an action of ejectment against Samuel Morris for a tract of land containing 4 acres. Samuel Morris, the defendant, on the 31st of March 1848, owned the premises, and on the 1st of May 1852, conveyed them to his wife. On the 27th of May 1867, Gr.
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Error to the Court of Common Pleas of Perry county: No. 74, to May Term 1872. On the 5th of April 1871, David Ziegler instituted an action of ejectment against Samuel Morris for a tract of land containing 4 acres. Samuel Morris, the defendant, on the 31st of March 1848, owned the premises, and on the 1st of May 1852, conveyed them to his wife. On the 27th of May 1867, Gr. C. Murray entered a judgment for $400 against Morris ; on the 9th of July this judgment was assigned to S. S. Charles, and on the 6th of January 1868, Charles assigned it to Ziegler, the plaintiff. On the 14th of January…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
It was decided by this court in Robinson v. Myers, 17 P. F. Smith 9, that when the jury finds a verdict for the defendant there can be no judgment entered upon a reserved point for the plaintiff. Such judgment being without any verdict to support it, wants a legal foundation and is therefore erroneous.
In order, however, to end this controversy we have been requested by the counsel of both parties to consider and decide the question reserved. That question was, whether the failure of the wife to record her deed until after the judgment was…
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