Burke v. Burke
Supreme Court of Pennsylvania
Appeal, No. 309, Jan. T., 1912, by defendants, from judgment of C. P. Lackawanna Co., Sept. T., 1909, No. 896, on verdict for plaintiff in case of William F. Burke v. Patrick Burke, Julia Burke Keating and Thomas Keating. Action of ejectment and for mesne profits. Before O’Neill, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff by direction of the court for land described in the writ and judgment thereon. Defendants appealed.
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Appeal, No. 309, Jan. T., 1912, by defendants, from judgment of C. P. Lackawanna Co., Sept. T., 1909, No. 896, on verdict for plaintiff in case of William F. Burke v. Patrick Burke, Julia Burke Keating and Thomas Keating. Action of ejectment and for mesne profits. Before O’Neill, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff by direction of the court for land described in the writ and judgment thereon. Defendants appealed. Errors assigned were sustaining objection to the competency of Julia Burke Keating as a witness, and giving binding instructions in favor of…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of ejectment brought by William F. Burke against his brother, Patrick Burke, his sister, Julia Burke Keating, and Thomas Keating, her husband. The summons was issued on July 10,1909. John M. Burke, the father, is the common source of title through whom both parties claim.
From his statement and abstract of title, it appears that the plaintiff relies on a paper title consisting of a deed from his father and mother, John M. and Bridget Burke, to Patrick Burke, the defendant, dated January 7, 1892, acknowledged January 8, 1892, and recorded…
2Cases cited14 opinions
- Karns v. TannerSupreme Court of Pennsylvania · 1870
- Bitner v. Boone, Pennsylvania Court of Common Pleas, Lancaster County1889
- Africa v. TrexlerSupreme Court of Pennsylvania · 1911
- Lies v. StubSupreme Court of Pennsylvania · 1837
- Cover & Wife v. ManawaySupreme Court of Pennsylvania · 1887
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3Cited by9 opinions
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- Coxe v. KriebelSupreme Court of Pennsylvania · 1936
- MacHnofsky v. SmithSuperior Court of Pennsylvania · 1931
- Warehouse Builders & Supply, Inc. v. PerrymanSuperior Court of Pennsylvania · 1969
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