Redmond v. Excelsior Saving Fund & Loan Ass'n
Supreme Court of Pennsylvania
Appeal, No. 317, Jan. T., 1899, by plaintiff, from judgment of C. P. Montgomery Co., June T., 1898, No. 44, on verdict for defendant. Ejectment for a strip of land in the borough of Conshohocken.
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Appeal, No. 317, Jan. T., 1899, by plaintiff, from judgment of C. P. Montgomery Co., June T., 1898, No. 44, on verdict for defendant. Ejectment for a strip of land in the borough of Conshohocken. Before Weand, J. The jury returned the following special verdict: Michael Redmond being the owner of a tract of land in the borough of Conshohocken sold part thereof to Rose McAdams, his sister-in-law, who commenced to build on her own property,Michael Redmond then consented and agreed that the building of Rose'McAdams from the second story up should extend over the alley way between the properties…
1Opinion of the Court
Opinion by
Mr. Chief Justice Green,
The special verdict determined the facts, and if upon those facts an estoppel was raised against the plaintiff which prohibited him from setting up his legal title the judgment should be sustained. It was found by the verdict that Redmond, the plaintiff, did agree, while the building was going up, that the building of Miss McAdams should extend over the alley which divided the plaintiff’s house from the house in question, and into and against the plaintiff’s house; that Redmond knew of and consented to this method of building, demanded no compensation and…
2Cases cited6 opinions
- Putnam v. TylerSupreme Court of Pennsylvania · 1888
- Woods v. WilsonSupreme Court of Pennsylvania · 1861
- Miller's AppealSupreme Court of Pennsylvania · 1877
- Cumberland Valley Railroad v. McLanahanSupreme Court of Pennsylvania · 1868
- Chapman v. ChapmanSupreme Court of Pennsylvania · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gailey v. Wilkinsburg Real Estate Trust Co.Supreme Court of Pennsylvania · 1925
- Kennedy's EstateSupreme Court of Pennsylvania · 1935
- Windsor v. SarsfieldWashington Supreme Court · 1912
- Auerbach v. Corn Exchange Nat. Bank & Trust Co.Court of Appeals for the Third Circuit · 1945