Legal Opinion

Davis v. Robinson

Supreme Court of Pennsylvania

Decided October 7, 1907No. Appeal, No. 210Published

Appeal, No. 210, April T., 1907, by defendant, from judgment of C. P. Somerset Co., Sept. T., 1903, No. 57, on verdict for plaintiff in case of J. B. Davis, W. S. Kuhlman, Samuel S. Beal and Lewis Habernicbt, Councilmen of the Evangelical Lutheran Church, at Ursina, Pa., v. Sarah Catherine Robinson, wife of Charles F. Robinson. Ejectment for land in the borough of Ursina. Before Koosek, P. J. The facts appear by the report in 32 Pa.

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Appeal, No. 210, April T., 1907, by defendant, from judgment of C. P. Somerset Co., Sept. T., 1903, No. 57, on verdict for plaintiff in case of J. B. Davis, W. S. Kuhlman, Samuel S. Beal and Lewis Habernicbt, Councilmen of the Evangelical Lutheran Church, at Ursina, Pa., v. Sarah Catherine Robinson, wife of Charles F. Robinson. Ejectment for land in the borough of Ursina. Before Koosek, P. J. The facts appear by the report in 32 Pa. Superior Ct. 90, and by the opinion of the Superior Court. Verdict and judgment for plaintiff. Errors assigned were instructions quoted in the opinion of the…

1Opinion of the Court

Opinion by

Beaver, J.,

When, this case was previously before us — 32 Pa. Superior Ct. 90 — upon practically the same evidence as to the paper title, we said : “We are constrained to hold that it was error for the court below to give binding instructions in favor of the plaintiffs, and that, under the undisputed facts, the paper title of the defendant was superior to that of the plaintiffs.” 'We also held that, “ Whether the plaintiffs, under the parol gift from Baer, entered upon and retained adverse and exclusive possession of the whole or any part of lot No.' 124, and, if of a part only, then…

2Cases cited1 opinion

  1. Davis v. RobinsonSuperior Court of Pennsylvania · 1906

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