Shryock v. Waggoner
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Adams county. This was an action of ejectment by George Shryock against Daniel Waggoner, Zachariah Cullison, Susannah Cullison, Ferdinand Rath, and Mary Rath, for fifty-five acres of land.
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Error to tbe Common Pleas of Adams county. This was an action of ejectment by George Shryock against Daniel Waggoner, Zachariah Cullison, Susannah Cullison, Ferdinand Rath, and Mary Rath, for fifty-five acres of land. An aged and infirm woman, by the name of Polly Rupp, was the owner of the premises in dispute, and, on the 17th day of September, 1847, conveyed them by deed to Ferdinand Rath, upon the following trust:— “ In trust nevertheless for the uses following and none other, that is to say to pay to the several creditors of the said Polly Rupp the sums due to them (supposed to amount in…
1Opinion of the Court
*432The opinion of the court was delivered by
Woodward, J.
It is a great misnomer to call this a case stated. After the evidence was closed, it was agreed in writing by the counsel that the jury should be discharged and that the court should pronounce the law upon the “facts in the case.’’ What facts ? Not one is set down as ascertained and established. The evidence is here, but how much of it the jury would have believed, and what conclusions they would have deduced from it, we are left to conjecture, and that without the slightest assistance from the court below; for, without a word of…
2Cited by9 opinions
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- Kemp v. Bowen (In Re Visiting Nurse Ass'n of Western Pennsylvania)District Court, W.D. Pennsylvania · 1992
- Rubinsky v. Kosh, GuardianSupreme Court of Pennsylvania · 1929
- Miller v. BakerSupreme Court of Pennsylvania · 1894
- DeRoy v. RichardsSuperior Court of Pennsylvania · 1898
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