Legal Opinion

Baxter v. Doane

Supreme Court of Pennsylvania

Decided April 11, 1904No. Appeal, No. 197PublishedCited by 4 opinions

Appeal, No. 197, Jan. T., 1903, by defendant, from order of C. P. Bradford Co., Sept. T., 1900, No. 6, refusing to take off nonsuit in case of Ezra Baxter v. Allen A. Doane, Elizer C. Ely and John H. Brown. Ejectment for an interest in land in Springfield township. Before Niles, P. J., specially presiding. The opinion of the Supreme Court states the case. Error assigned was refusal to take off nonsuit.

1Opinion of the Court

Per Curiam,

This was ejectment by plaintiffs to recover possession of the undivided seven eighths of a farm in Springfield township, Bradford county. The court below was of opinion there was no evidence on the part of plaintiff which would warrant a recovery and directed a nonsuit, which it afterwards refused to take off and plaintiff brings this appeal alleging for error the refusal to take off the nonsuit. Was there any evidence which if submitted to the jury would have sustained a verdict ? There was considerable evidence of a sale by parol but to pass the title so as to constitute the…

2Cases cited1 opinion

  1. Haslet v. HasletSupreme Court of Pennsylvania · 1837

3Cited by4 opinions

  1. Morrish v. Price Et Ux.Supreme Court of Pennsylvania · 1928
  2. Tetlow's EstateSupreme Court of Pennsylvania · 1936
  3. Bratsch v. McCarthySuperior Court of Pennsylvania · 1940
  4. Jordan v. JordanSuperior Court of Pennsylvania · 1928

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