Legal Opinion

Kountz v. O'Hara Street Railway Co.

Superior Court of Pennsylvania

Decided October 9, 1911No. Appeal, No. 117PublishedCited by 2 opinions

Appeal, No. 117, April T., 1911, by defendant, from judgment of C. P. No. 3, Allegheny County, Nov. T., 1906, No. 746, on'verdict for plaintiff in case of George McC. Kountz v. O’Hara Street Railway Company and Allegheny Valley Street Railway Company. Ejectment for land in Harmar township. Before Evans, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 117, April T., 1911, by defendant, from judgment of C. P. No. 3, Allegheny County, Nov. T., 1906, No. 746, on'verdict for plaintiff in case of George McC. Kountz v. O’Hara Street Railway Company and Allegheny Valley Street Railway Company. Ejectment for land in Harmar township. Before Evans, J. The facts are stated in the opinion of the Superior Court. At the trial the plaintiff’s counsel made the following offer: I offer in evidence deed from James Taggart, administrator of Hugh Taggart, deceased, to John Barton, dated July 16, 1842, recorded in Deed Book, vol. 16, page 78, and…

1Opinion of the Court

Opinion by

Orlady, J.,

This action of ejectment was brought to recover possession of an undivided one-fifth part of a small tract of land in Harmer township, Allegheny county, which was a part of a larger tract of 125 acres more or less, that had been owned by Hugh Taggart, who died prior to 1841. In December of that year, his administrator, James Taggart, obtained an order from the orphans’ court to sell this property for the payment of debts, and. described the real estate as “now laid out into 28 lots,” giving the number and acreage of each by designation of 1 to 27 inclusive and No. “C.” By…

2Cases cited5 opinions

  1. Rook v. GreenewaldSuperior Court of Pennsylvania · 1903
  2. Carroll v. MinerSuperior Court of Pennsylvania · 1896
  3. Rozelle v. LewisSuperior Court of Pennsylvania · 1908
  4. Cake v. Sunbury BoroughSuperior Court of Pennsylvania · 1910
  5. Haggerty v. HaggertySuperior Court of Pennsylvania · 1910

3Cited by2 opinions

  1. Lenihan v. Davis Et Ux.Superior Court of Pennsylvania · 1943
  2. Lawver v. AndersonSuperior Court of Pennsylvania · 1921

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