Frazier v. Foreman
Supreme Court of Pennsylvania
Appeal, No. 112, Oct. T., 1920, by plaintiff, from judgment of O. P. Allegheny Co., April T., 1918, No. 1534, for defendants n. o. v., in case of John T. Frazier v. Mabel I. Foreman et al. Ejectment for house and lot in 22d ward of Pittsburgh. Before Swearingen, J. The opinion of the Supreme Court states the facts. At the trial the jury returned a verdict for plaintiff. Subsequently the court entered judgment for defendants n. o. v. Plaintiff appealed.
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Appeal, No. 112, Oct. T., 1920, by plaintiff, from judgment of O. P. Allegheny Co., April T., 1918, No. 1534, for defendants n. o. v., in case of John T. Frazier v. Mabel I. Foreman et al. Ejectment for house and lot in 22d ward of Pittsburgh. Before Swearingen, J. The opinion of the Supreme Court states the facts. At the trial the jury returned a verdict for plaintiff. Subsequently the court entered judgment for defendants n. o. v. Plaintiff appealed. Error assigned was judgment, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff, surviving husband of Rachel A. Frazier who died June 10, 1917, leaving a will in which she devised her real estate to her five children, elected to take against the will and began the present action in ejectment, upon refusal of the children to surrender possession of a house and lot in which he claimed a life interest as tenant by curtesy. The trial judge gave'binding instruction for plaintiff, leaving to the jury the question of the value of the use of the property under plaintiff’s claim for mesne profits to the time of the trial, which the jury…
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