Carr v. H. C. Frick Coke Co.
Supreme Court of Pennsylvania
Appeal, No. 39, July T., 1895, by plaintiff, from judgment of C. P. Fayette Co., Sept. T., 1894, No. 837, on verdict for defendant. Ejectment for a tract of land in North Union township. Before Ewing, P. J. At the trial it appeared that plaintiff claimed title as heir at law of Priscilla Carr. Defendant claimed title under a deed purporting on the record to be the deed of Robert Carr and his wife Priscilla Carr to Amzi S. Fuller.
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Appeal, No. 39, July T., 1895, by plaintiff, from judgment of C. P. Fayette Co., Sept. T., 1894, No. 837, on verdict for defendant. Ejectment for a tract of land in North Union township. Before Ewing, P. J. At the trial it appeared that plaintiff claimed title as heir at law of Priscilla Carr. Defendant claimed title under a deed purporting on the record to be the deed of Robert Carr and his wife Priscilla Carr to Amzi S. Fuller. The signature of Priscilla Carr did not appear upon the record. Defendant offered in evidence an agreement for the sale of the land in controversy to Amzi S. Fuller,…
1Opinion of the Court
Opinion by
Mr. Justice Green,
If Priscilla Carr actually signed the deed of October 9, 1854, purporting to be the deed of Robert Carr and Priscilla Carr his wife, to Amzi Fuller, the plaintiff has no case. The question whether she did sign it was the one controlling question in the cause. It was carefully and correctly submitted to the jury by the learned court below with proper instructions, and the jury has found that she did sign it. It was a pure question of fact and necessarily was submitted to the jury. No request was made by the plaintiff for a binding instruction to the jury to find for…
2Cases cited4 opinions
- Cover & Wife v. ManawaySupreme Court of Pennsylvania · 1887
- Williams v. BakerSupreme Court of Pennsylvania · 1872
- Heeter v. GlasgowSupreme Court of Pennsylvania · 1875
- Miller v. RubleSupreme Court of Pennsylvania · 1884
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