Kunes v. McCloskey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Centre county: Of January Term 1886, No. 812. Ejectment by John McCloskey and Mathias M. McCloskey against D. B. Kunes and Joseph B. Ponman for a lot of land in Centre county. Plea, not guilty. The following are the facts of the case as they appeared on the trial before Simonton, P. J., of the 12th Judicial District.
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Error to the Court of Common Pleas of Centre county: Of January Term 1886, No. 812. Ejectment by John McCloskey and Mathias M. McCloskey against D. B. Kunes and Joseph B. Ponman for a lot of land in Centre county. Plea, not guilty. The following are the facts of the case as they appeared on the trial before Simonton, P. J., of the 12th Judicial District. The contention in this case was for an alleged interference between two surveys in the warrantee names of “ Joseph Taylor ” and “ Robert Irwin,” respectively, the title to which is based upon treasurer’s sales for taxes assessed in the name…
1Opinion of the CourtJustice Paxson
The first assignment of error raises the only question of importance in this case. In that portion of the charge embraced in said assignment the learned judge below instructed the jury •in substance that, inasmuch as the county owned both the Jo*465sepli Taylor and the Robert Irwin tracts, that it therefore was rhe owner of what was included in either of the surveys or included in both; that when the commissioners sold them and made the first deed, they conveyed all that was within the iuterferencé, because they owned it at that time ; that when they came to make the second deed to the defendant…
2Cases cited2 opinions
- Hunter v. AlbrightSupreme Court of Pennsylvania · 1843
- Brown v. ArrottSupreme Court of Pennsylvania · 1843
3Cited by7 opinions
- Ted LIMBEROPOULOS, Plaintiff-Appellant, v. Donna SHALALA, Secretary of the Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1994
- Proctor v. Sagamore Big Game ClubDistrict Court, W.D. Pennsylvania · 1958
- Easton v. Sulkin, Pennsylvania Court of Common Pleas, Northampton County1933
- Taylor v. TaylorSupreme Court of Pennsylvania · 1910
- McCloskey v. Kunes, Pennsylvania Court of Common Pleas, Centre County1891
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