Legal Opinion

Muthersbaugh v. McCabe

Superior Court of Pennsylvania

Decided April 20, 1903No. Appeal, No. 26PublishedCited by 3 opinions

Appeal, No. 26, March T., 1902, by plaintiff, from judgment of C. P. Dauphin Co., Jan. T., 1899, No. 545, on verdict for plaintiff in case of Johnson Muthersbaugh v. John McCabe et al. Ejectment for land.

Read the full summary

Appeal, No. 26, March T., 1902, by plaintiff, from judgment of C. P. Dauphin Co., Jan. T., 1899, No. 545, on verdict for plaintiff in case of Johnson Muthersbaugh v. John McCabe et al. Ejectment for land. Before Simonton, P. J. At the trial plaintiff presented the following points, all of which were declined, and none of which were read to the jury: 8. That from the evidence in the case, the defendants have been in possession of the premises since September 1, 1896, up to this day, and that is the amount of time that the plaintiffs are entitled to recover the profits. 9. That the defendants…

1Opinion of the Court

Peb Ctjbiam,

Defendants, against whom ejectment was brought and from whom mesne profits were claimed, seemed to have entered into possession of the real estate in good faith, believing that they were the collateral heirs of John Heslin. The testimony, relating to the question of who the heirs of John Heslin were, is not printed and we are, therefore, unable to determine to what extent defendants were justified in taking possession of the property claimed by the plaintiff. From such light as we can gather from the charge of the court and the environment of the case,’it seems to us clear there…

2Cases cited3 opinions

  1. Kroegher v. McConway & Torley Co.Supreme Court of Pennsylvania · 1892
  2. Morrison v. RobinsonSupreme Court of Pennsylvania · 1858
  3. Carey v. BuckleySupreme Court of Pennsylvania · 1899

3Cited by3 opinions

  1. Commonwealth v. GouldSuperior Court of Pennsylvania · 1912
  2. Lanier v. BryantSupreme Court of Georgia · 1935
  3. Milner v. Milner, Pennsylvania Court of Common Pleas, Philadelphia County1960

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API