Legal Opinion

Cecil v. Smith

Superior Court of Pennsylvania

Decided October 10, 1910No. Appeal, No. 75PublishedCited by 1 opinion

Appeal, No. 75, April T., 1910, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1906, on verdict for plaintiff in case of Owen S. Cecil v. John W. Smith. Ejectment for an undivided interest in the sixth ward of the city of Pittsburg. Before Frazer, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff. Defendant appealed.

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Appeal, No. 75, April T., 1910, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1906, on verdict for plaintiff in case of Owen S. Cecil v. John W. Smith. Ejectment for an undivided interest in the sixth ward of the city of Pittsburg. Before Frazer, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff. Defendant appealed. Error assigned among others was in refusing motion for judgment for defendant non obstante veredicto.

1Opinion of the Court

Opinion by

Morrison, J.,

The question here raised is what title did Ann Jones take under the deed dated September 1, 1858, from Enoch Jones and Ann Jones, his wife, of the first part, and Samuel Roberts, Jr., of the second part.

After properly describing the land, to which the title is in dispute, the deed contains the following controlling language, to wit: “Together with all and singular, the buildings and improvements to the same belonging or in any wise appertaining and the reversions and remainders, rents, issues and profits thereof. To have and to hold the said described lot or piece of…

2Cases cited12 opinions

  1. Shapley v. DiehlSupreme Court of Pennsylvania · 1902
  2. Simpson v. ReedSupreme Court of Pennsylvania · 1903
  3. Trust Estate for KuntzlemanPennsylvania Orphans' Court, Philadelphia County · 1890
  4. Second Reformed Presbyterian Church v. DisbrowSupreme Court of Pennsylvania · 1866
  5. Williams's AppealsSupreme Court of Pennsylvania · 1877

7 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Gardner v. AndersonSupreme Court of Kansas · 1924

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