Legal Opinion

Newton v. Smith

Superior Court of Pennsylvania

Decided October 11, 1909No. Appeal, No. 176PublishedCited by 13 opinions

Appeal, No. 176, April T., 1909, by defendants, from judgment of C. P. Jefferson Co., Aug. T., 1908, No. 233, on verdict for plaintiff in case of George W. Newton v. Kate M. Smith et al. Ejectment for acres of land in Washington township. Before Reed, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was in refusing binding instructions for defendants.

1Opinion of the Court

Opinion by

Beaver, J.,

Plaintiff brought his ejectment against defendant, who was a married woman, and her husband for a piece of land bounded on the one side by the land described in his deed and on the other by a parallel line, alleged to be a consentable line established and agreed to by them, as run by a surveyor who fixed the same as the boundary between their respective adjoining tracts of land. At the trial the defendant asked for binding instructions and subsequently for judgment for the defendant, non obstante veredicto. The point was refused and subsequently the motion for judgment…

2Cases cited2 opinions

  1. Grogan v. LeikeSuperior Court of Pennsylvania · 1903
  2. Adamson v. PottsSupreme Court of Pennsylvania · 1846

3Cited by13 opinions

  1. Niles v. Fall Creek Hunting Club, Inc.Supreme Court of Pennsylvania · 1988
  2. Inn Le'Daerda, Inc. v. DavisSuperior Court of Pennsylvania · 1976
  3. Plauchak v. BolingSuperior Court of Pennsylvania · 1995
  4. Zeglin v. GahagenSupreme Court of Pennsylvania · 2002
  5. Plott v. ColeSupreme Court of Pennsylvania · 1988

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