Jenkins v. McMichael
Superior Court of Pennsylvania
Appeal, No. 105, April T., 1902, by defendant, from judgment of C. P. Washington Co., November T., 1899, No. 108, on verdict for plaintiff incase of John Jenkins et ux. v. Josiah K. McMichael. Ejectment for land in the borough of West Washington. Before Taylor, J. See Jenkins v. McMichael, 17 Pa. Superior Ct. 476. When Samuel Algeo, a tax assessor, was on the stand, he was asked this question : “Q. Did you ever assess the property, Mr. Algeo? A. Yes, sir.
Read the full summary
Appeal, No. 105, April T., 1902, by defendant, from judgment of C. P. Washington Co., November T., 1899, No. 108, on verdict for plaintiff incase of John Jenkins et ux. v. Josiah K. McMichael. Ejectment for land in the borough of West Washington. Before Taylor, J. See Jenkins v. McMichael, 17 Pa. Superior Ct. 476. When Samuel Algeo, a tax assessor, was on the stand, he was asked this question : “Q. Did you ever assess the property, Mr. Algeo? A. Yes, sir. Q. In whose name was it assessed ? ” Objected to as incompetent and irrelevant and not the best evidence; and purpose asked for. For the…
1Opinion of the Court
Opinion by
Beaver, J.,
When this case was previously here — Jenkins v. McMichael, 17 Pa. Superior Ct. 476 — it was clearly intimated that, if the plaintiff had based his claims in the court below upon the ground assumed in the argument in this court, the result might have been different. The case had been tried in- the court below upon the theory that the plaintiffs had acquired title by adverse possession. Having entered into possession *166under articles of agreement for purchase from those under whom the defendant claimed, it was clear that the possession was not adverse and that no title by…
2Cases cited4 opinions
- Carter v. Tinicum Fishing Co.Supreme Court of Pennsylvania · 1875
- Taylor v. DoughertySupreme Court of Pennsylvania · 1841
- Jenkins v. McMichaelSuperior Court of Pennsylvania · 1901
- Hasson v. KleeSupreme Court of Pennsylvania · 1897