Phillips v. Crist
Superior Court of Pennsylvania
Appeal, No. 13, March T., 1907, by plaintiff, from judgment of C. P. Lycoming Co., Sept. T., 1901, No. 314, on verdict for defendant in case of David C. Phillips v. Charles B. Crist. Ejectment for land in Franklin township. Before Ormerod, P. J., specially presiding. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 13, March T., 1907, by plaintiff, from judgment of C. P. Lycoming Co., Sept. T., 1901, No. 314, on verdict for defendant in case of David C. Phillips v. Charles B. Crist. Ejectment for land in Franklin township. Before Ormerod, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. The defendant presented, inter alia, thé following points: 5. If the jury find from the evidence in this case that the executors of Philip Crouse, deceased, and the trustees of Hiram Crouse, deceased, being the same persons, at the time of the sale of the land conveyed to…
1Opinion of the Court
Opinion by
Morrison, J.,
We find no real dispute of fact in this case and the appeal must be determined upon legal principles. The learned court below submitted the case to the jury on the question of estoppel, practically instructing the jury that if they believed the defendant’s testimony in connection with the papers in the case referred to, the plaintiff could not be heard to deny that the land in controversy was included in the sale made to the defendant by the executors and trustees in pursuance of an order of court made March 4, 1901.
Philip Crouse, John Crouse and Hiram Crouse were…
2Cases cited3 opinions
- Miller v. CramerSupreme Court of Pennsylvania · 1899
- Bruner v. FinleySupreme Court of Pennsylvania · 1905
- Kellerman v. MillerSuperior Court of Pennsylvania · 1897
3Cited by5 opinions
- Bosler v. Sun Oil CompanySupreme Court of Pennsylvania · 1936
- Smith v. DonahueSuperior Court of Pennsylvania · 1915
- Fischer v. HunsbergerSuperior Court of Pennsylvania · 1941
- Caputo Et Ux. v. Mariatti Et Ux.Superior Court of Pennsylvania · 1934
- Imes v. Kaufman, Pennsylvania Court of Common Pleas, Berks County1944