Llewellyn v. Sunnyside Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 91, Oct. T., 1913, by defendant, from judgment of C. P. Cambria Co., June T., 1910, No. 491, on directed verdict for plaintiff in case of D. J. Llewellyn v. The Sunnyside Coal Company. Ejectment for tbe recovery of lands in Cambria County. Before Bouton, P. J., specially presiding. Tbe opinion of the Supreme Court states the facts. Verdict for plaintiff by direction of the court and judgment thereon.
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Appeal, No. 91, Oct. T., 1913, by defendant, from judgment of C. P. Cambria Co., June T., 1910, No. 491, on directed verdict for plaintiff in case of D. J. Llewellyn v. The Sunnyside Coal Company. Ejectment for tbe recovery of lands in Cambria County. Before Bouton, P. J., specially presiding. Tbe opinion of the Supreme Court states the facts. Verdict for plaintiff by direction of the court and judgment thereon. Defendant appealed. . Errors assigned were in excluding defendant’s evidence of title referred to in the opinion of the Supreme Court and in directing a verdict for plaintiff.
1Opinion of the Court
Opinion by
Mr.. Justice Stewart,
Both parties to the controversy claim title to the land under and through Mrs. J. C. Yeagley; the plaintiff by a regular deed of conveyance from Mrs. Yeagley, the defendant by virtue of an alleged earlier contract of purchase and sale between Mrs. Yeagley, actingby attorney-in-fact, and one Daniel Cauffiel. Cauffiel'.never*519acquired the legal title, but, claiming as equitable owner, as such conveyed to the defendant. Defendant’s rights, therefore, are to be determined by Cauffiel’s equities; if Cauffiel could not have enforced these so as to require a legal…
2Cases cited1 opinion
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