Turney v. McKown
Supreme Court of Pennsylvania
Appeal, No. 198, October T., 1913, by plaintiff, from judgment of O. P. Westmoreland Co., August T., 1912, No. 156, in favor of defendant n. o. v., in case of Robert W. Turney v. D. K. McKown. Ejectment to recover lands in Westmoreland County. Before Doty, P. J. The opinion of the Supreme Court states the facts. The jury found a verdict for plaintiff. The court subsequently entered judgment for defendant non obstante veredicto. Plaintiff appealed.
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Appeal, No. 198, October T., 1913, by plaintiff, from judgment of O. P. Westmoreland Co., August T., 1912, No. 156, in favor of defendant n. o. v., in case of Robert W. Turney v. D. K. McKown. Ejectment to recover lands in Westmoreland County. Before Doty, P. J. The opinion of the Supreme Court states the facts. The jury found a verdict for plaintiff. The court subsequently entered judgment for defendant non obstante veredicto. Plaintiff appealed. Error assigned was in entering judgment for defendant. The evidence was sufficient to establish a trust ex maleficio: Blick v. Cockins, 234 Pa.…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The action was ejectment. The common source of title was in Obadiah McKown who became seized of the premises in dispute in 1871 and remained in possession until his death in March, 1907. On the trial, plaintiff established a prima facie case by showing, first, the will of Obadiah McKown, duly probated, in which he devised his entire real estate to his wife, Katherine E. McKown; and, second, the will of said Katherine E. McKown, duly probated, in which she devised the premises in dispute to the plaintiff, Robert W. Turney. In reply the defendant introduced in…
2Cited by18 opinions
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- Buckwalter Stove Co. v. EdmondsSupreme Court of Pennsylvania · 1925
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