Keller v. Over
Pennsylvania Court of Common Pleas, Centre County
No. 399 January Term 1889, Sup. Ct.; court below, No. 121 November Term 1883, C. P. On October 18,1883, Philip Keller brought ejectment against George W. Ford and James A. Beaver for a tract of land containing 300 acres and six per cent allowance, etc. The defendant’s plea was not guilty. On February 1, 1886, the death of George W. Ford being suggested, Mary P. Over and others, his heirs at law, were substituted as defendants.
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No. 399 January Term 1889, Sup. Ct.; court below, No. 121 November Term 1883, C. P. On October 18,1883, Philip Keller brought ejectment against George W. Ford and James A. Beaver for a tract of land containing 300 acres and six per cent allowance, etc. The defendant’s plea was not guilty. On February 1, 1886, the death of George W. Ford being suggested, Mary P. Over and others, his heirs at law, were substituted as defendants. At the trial on December 7, 1887, the following facts were shown : The land claimed by the plaintiff was embraced in an official survey, made August 5, 1874, in…
1Opinion of the Court
Opinion,
Mb. Justice McCollum :
When the evidence in this case was closed, the plaintiff’s right to recover depended on whether the land called for by his survey had been previously appropriated by the warrants under. which the defendants claimed. His survey lay between two lines of the proper age for the defendants’ surveys. If the eastern line was the defendants’ west line, the plaintiff was entitled to a verdict. If the defendants were right in holding to the western line, then the plaintiff had no land and no right to recover. This was a question of fact for the jury, to be determined on a…
2Cases cited1 opinion
3Cited by6 opinions
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- In Re Estate of JonesSupreme Court of Vermont · 1939
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