Martin v. Hoshauer
Superior Court of Pennsylvania
Appeal, No. 227, Oct. T., 1919, by plaintiff, from judgment of C. P. Lancaster County, May T., 1918, No. 30, on verdict for defendant in the case of Henry C. Martin v. Samuel Hoshauer. Action in ejectment for property situate on northeast corner of Washington and Chestnut streets in the Borough of Ephrata. Before Hassler, J. The facts are stated in the opinion of the Superior Court. The jury rendered a verdict in favor of the defendant, on which judgment was entered.
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Appeal, No. 227, Oct. T., 1919, by plaintiff, from judgment of C. P. Lancaster County, May T., 1918, No. 30, on verdict for defendant in the case of Henry C. Martin v. Samuel Hoshauer. Action in ejectment for property situate on northeast corner of Washington and Chestnut streets in the Borough of Ephrata. Before Hassler, J. The facts are stated in the opinion of the Superior Court. The jury rendered a verdict in favor of the defendant, on which judgment was entered. Plaintiff appealed. Errors assigned were various rulings on evidence, the charge of the court and refusal to direct a verdict…
1Opinion of the Court
Opinion by
Linn, J.,
This was an action of ejectment to determine the title to a strip of land between 13 and 14 feet wide; an overlap of that frontage apparently resulted from a scrivener’s mistake. The deeds under which defendant and his predecessor in title respectively held had not been recorded within ninety days after execution. The defense was notice of defendant’s lawful possession when plaintiff purchased. There was substantially no contradiction of the evidence on this subject and the court might properly have submitted the case to the jury on that evidence alone, but doubtless in…
2Cases cited11 opinions
- Trustees of the Proprietors v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1913
- Hottenstein v. LerchSupreme Court of Pennsylvania · 1882
- Jamison v. DimockSupreme Court of Pennsylvania · 1880
- White v. PattersonSupreme Court of Pennsylvania · 1891
- Morse v. RollinsSupreme Court of Pennsylvania · 1888
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