Legal Opinion

Kanawell v. Miller

Supreme Court of Pennsylvania

Decided July 17, 1918No. Appeal, No. 60PublishedCited by 15 opinions

Appeal, No. 60, Jan. T., 1918, by plaintiffs, from judgment of C. P. Snyder Co., Feb. T., 1917,' No. 45, on verdict for defendants in case of J. Luther Kanawell, Maggie E. Davis, Palmer Kanawell, Mrs. Jacob Boose, Henry D. Kanawell, Calvin Kanawell, Tina Kanawell, L. C. Moses, Ida Wieand and Wm. Kanawell v. Charles A. Miller and Fred. Musser. Ejectment for recovery of land in Snyder County. Before Johnson, P. J. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 60, Jan. T., 1918, by plaintiffs, from judgment of C. P. Snyder Co., Feb. T., 1917,' No. 45, on verdict for defendants in case of J. Luther Kanawell, Maggie E. Davis, Palmer Kanawell, Mrs. Jacob Boose, Henry D. Kanawell, Calvin Kanawell, Tina Kanawell, L. C. Moses, Ida Wieand and Wm. Kanawell v. Charles A. Miller and Fred. Musser. Ejectment for recovery of land in Snyder County. Before Johnson, P. J. The facts appear by the opinion of the Supreme Court. Verdict for defendants and judgment thereon. Plaintiffs appealed. Error assigned, among others, was in refusing plaintiffs’…

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

This is an action of ejectment; judgment was entered on a verdict for defendants, and plaintiffs have appealed.

Plaintiffs are the legal heirs of Dr. J. F. Kanawell, deceased; Charles A. Miller (hereinafter called the defendant) claims the real estate in suit as the grantee of decedent; the other defendant, Fred. Musser, is a tenant under Miller.

In view of the verdict, the following facts may be accepted as established: In 1893, Dr. Kanawell purchased the farm sought to be recovered in this action; the defendant, a nephew of decedent’s first wife, lived in the…

2Cases cited22 opinions

  1. Sears v. Scranton Trust Co.Supreme Court of Pennsylvania · 1910
  2. William A. Wagoner's EstateSupreme Court of Pennsylvania · 1896
  3. Clymer v. GroffSupreme Court of Pennsylvania · 1908
  4. Turner v. WarrenSupreme Court of Pennsylvania · 1894
  5. Appeal of HoltSupreme Court of Pennsylvania · 1881

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3Cited by15 opinions

  1. In Re: Estate of Plance Appeal of: Plance, J.Supreme Court of Pennsylvania · 2017
  2. Piper v. QueeneySupreme Court of Pennsylvania · 1924
  3. Chambley v. RumbaughSupreme Court of Pennsylvania · 1939
  4. Cragin's EstateSupreme Court of Pennsylvania · 1922
  5. Lewis v. MerrymanSupreme Court of Pennsylvania · 1921

10 more not listed; retrieve them via the Exa API.

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