Benson v. Nicholas
Supreme Court of Pennsylvania
Appeal, No. 249, Jan. T., 1915, by plaintiff, from judgment of C. P. Erie Co., Sept. T., 1913, No. 87, on directed verdict for plaintiff in case of Reatba Benson v. Mary B. Nicholas. Action in ejectment. Before Walking, P. J. Tbe opinion of tbe Supreme Court states tbe case. Tbe lower court directed a verdict for tbe defendant. Plaintiff appealed. Error assigned, among others, was- in directing a verdict for tbe defendant.
1Opinion of the Court
Per Curiam,
Tbe real estate involved in this controversy belonged to James B. Nicholas, who died intestate, and is claimed by Mary B. Nicholas, a sister, as bis next of kin and only" *56heir at law. Reatha Benson, the plaintiff below, claiming that she had been 'adopted by parol as a child by James B. Nicholas and his wife, filed a bill, after the death of the husband, averring such parol agreement to adopt hei’, and praying that, notwithstanding their failure to legally adopt her as their child, effect be given to the said parol agreement of adoption by decreeing that she was entitled to such…
2Cases cited1 opinion
- Benson v. NicholasSupreme Court of Pennsylvania · 1914
3Cited by1 opinion
- Yount v. WeinbergerDistrict Court, W.D. Pennsylvania · 1974