Morel v. Morel
Superior Court of Pennsylvania
Appeal, No. 9, March T., 1921, by defendant, from judgment of C. P. Laick’awanna County, May T., 1918, No. 374, in favor of plaintiff in the case of Sophie Morel v. Louis Morel. Assumpsit for use and occupation of plaintiff’s land and barn.
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Appeal, No. 9, March T., 1921, by defendant, from judgment of C. P. Laick’awanna County, May T., 1918, No. 374, in favor of plaintiff in the case of Sophie Morel v. Louis Morel. Assumpsit for use and occupation of plaintiff’s land and barn. Before Newcomb, J. The case was referred to A. S. Prokopovitch., Esq., as referee, under the provisions of the Act of April 6, 1869, -P. L. 725, as supplemented by the Act of June 22, 1871, P. L. 1363. The referee directed the prothonotary to enter an award in favor of the plaintiff in the sum of $720. On exceptions to the referee’s award the court…
1Opinion of the Court
Opinion by
Linn, J.,
Though twelve assignments of error are filed, but two questions are presented: (1) Whether defendant occupied his sister’s land in circumstances requiring him to pay for use and occupation; and, (2) if so, how much? The parties agreed to refer the case under the local Act of April 6, 1869, P. L. 725, supplemented by the Act of June 22, 1871, P. L. 1363. The evidence discloses a dispute about the facts, and from it the referee concluded that a liability existed and fixed the amount at $720. There is evidence to sustain his conclusions. We need add nothing to what was said by…