Earl v. Champion
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cameron county: No. 78, to July Term 1869. This was an action of ejectment, commenced April 22d 1868, by John B. Champion, against John Earl and Catharine Earl his wife, and others their tenants, for 16 lots in the town of Emporium. The plaintiff claimed the lots as purchaser of them at sheriff’s sale, as the property of John Earl; the allegation of the defendants was that they belonged to the wife.
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Error to the Court of Common Pleas of Cameron county: No. 78, to July Term 1869. This was an action of ejectment, commenced April 22d 1868, by John B. Champion, against John Earl and Catharine Earl his wife, and others their tenants, for 16 lots in the town of Emporium. The plaintiff claimed the lots as purchaser of them at sheriff’s sale, as the property of John Earl; the allegation of the defendants was that they belonged to the wife. On the trial May 8th 1869, before White, P. J. the plaintiff gave in evidence, articles of agreement dated April 1st 1865, between the Philadelphia and Erie…
1Opinion of the Court
The opinion of the court was delivered, April 4th 1870, by
Agnew, J.
The three errors assigned in this case resolve themselves into one. The court instructed the jury under all the evidence to return a verdict for the plaintiff. The only question is whether the evidence ought to have gone to the jury. If insufficient, what the court said in their charge would be immaterial, the case being properly taken away from them. Had the case gone to the jury a statement of the quality or degree of the evidence would have been important as an instruction to guide them. We have said in many cases that the…
2Cases cited1 opinion
- Gackenbach v. BrouseSupreme Court of Pennsylvania · 1842
3Cited by9 opinions
- Taylor v. PaulSuperior Court of Pennsylvania · 1898
- Heiges v. PiferSupreme Court of Pennsylvania · 1909
- Guernsey v. FroudeSuperior Court of Pennsylvania · 1900
- Levi's EstateSupreme Court of Pennsylvania · 1909
- Morrison v. Marks Et Ux.Superior Court of Pennsylvania · 1936
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