Stout v. Young
Supreme Court of Pennsylvania
Appeal, No. 328, Jan. T., 1906, by plaintiff's, from judgment of C. P. Lackawanna Co., May T., 1905, No. 414, for defendant on question of law reserved in case of John Stout et. al., v. Ann Patterson Young. Ejectment for land in Ransom township.
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Appeal, No. 328, Jan. T., 1906, by plaintiff's, from judgment of C. P. Lackawanna Co., May T., 1905, No. 414, for defendant on question of law reserved in case of John Stout et. al., v. Ann Patterson Young. Ejectment for land in Ransom township. Before Edwards, P. J. At the trial the jury returned a verdict for defendant, subject to the question of law reserved, as follows : “ That as the will of Daniel Stout was duly, probated in the office of the Register of Wills of Luzerne County in conformity with law, in 1876, and as no caveat was filed or proceedings of any kind instituted to have the…
1Opinion of the Court
Per Curiam,
The learned trial judge was of opinion that error had been committed in submitting to the jury the question of adverse possession in the defendants and their predecessors in title. Since this was one of two questions of fact submitted and the verdict may have been based on a finding for the defendants as to it, he entered judgment for the defendants on the question reserved, which was whether after five years the probate of the will became conclusive as to real estate, notwithstanding the want of age of the testator, no proceedings having been instituted to contest it. The…
2Cases cited6 opinions
- Cochran v. YoungSupreme Court of Pennsylvania · 1883
- Hegarty's AppealSupreme Court of Pennsylvania · 1874
- McCay v. ClaytonSupreme Court of Pennsylvania · 1888
- Wilson v. GastonSupreme Court of Pennsylvania · 1880
- Estate of CraftSupreme Court of Pennsylvania · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Culbertson's EstateSupreme Court of Pennsylvania · 1930
- Sebik's EstateSupreme Court of Pennsylvania · 1930
- Carson's EstateSupreme Court of Pennsylvania · 1913
- Slater v. MoyerSupreme Court of Pennsylvania · 1914
- Rockett's EstatePennsylvania Orphans' Court, Philadelphia County · 1942
1 more not listed; retrieve them via the Exa API.