Legal Opinion

McHale v. Cullen

Superior Court of Pennsylvania

Decided April 21, 1919No. Appeal, No. 14Published

Appeal, No. 14, March T., 1919, by plaintiff, from judgment of C. P. Lackawanna Co., May T., 1914, No. 556, for defendants, in case tried by the court without a jury in suit of John McHale v. Kate E. Cullen and William T. Cullen. Ejectment for the recovery of a lot of land situate on Olive street in the City of Scranton. Before Edwards, P. J., without a jury. The facts are stated in the opinion of the Superior Court. The court entered judgment in favor of the defendants.

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Appeal, No. 14, March T., 1919, by plaintiff, from judgment of C. P. Lackawanna Co., May T., 1914, No. 556, for defendants, in case tried by the court without a jury in suit of John McHale v. Kate E. Cullen and William T. Cullen. Ejectment for the recovery of a lot of land situate on Olive street in the City of Scranton. Before Edwards, P. J., without a jury. The facts are stated in the opinion of the Superior Court. The court entered judgment in favor of the defendants. Plaintiff appealed. Error assigned, among others, was the judgment of the court.

1Opinion of the Court

Opinion by

Keller, J.,

This was an action in ejectment brought by John McHale, the appellant, against the appellees, Kate E. Cullen and William T. Cullen, for a one-half undivided interest in certain land in the City of Scranton. In the statement and abstract of title, which he was required to file under the Act of May 8,1901, P. L. 142, the plaintiff averred that he was the owner of a one-half undivided interest in the described land and that the defendants “who claim to own the other one-half undivided interest have attempted to oust the plaintiff and *541to deprive Mm of his title as joint owner…

2Cases cited12 opinions

  1. Dundas's AppealSupreme Court of Pennsylvania · 1870
  2. Weaver v. WibleSupreme Court of Pennsylvania · 1855
  3. Tanney v. TanneySupreme Court of Pennsylvania · 1893
  4. Borough v. KennedySupreme Court of Pennsylvania · 1910
  5. Cain v. McGeentySupreme Court of Minnesota · 1889

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