Curry v. Curry
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mercer county: Of November Term, 1886, No. 87. This was an action of ejectment for seventy acres of land situate in Mercer county, brought by Mary J. Curry against James B. Curry. Plea, not guilty. On the triai before McMichael, P. J., the following facts appeared.
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Error to the Court of Common Pleas of Mercer county: Of November Term, 1886, No. 87. This was an action of ejectment for seventy acres of land situate in Mercer county, brought by Mary J. Curry against James B. Curry. Plea, not guilty. On the triai before McMichael, P. J., the following facts appeared. It was admitted that the title to the land described in the writ was in William Curry prior to April 17th, 1875. On that date William Curry by deed conveyed the same to Rachel Curry for the consideration of $2,800 as recited in the deed, although the real consideration was an agreement on part…
1Opinion of the CourtJustice Trunkey
Were this an equitable ejectment, a principle contended for by the plaintiff in error would apply, namely, that the judge acts as a chancellor, and if he is not moved as a chancellor to grant the equitable relief sought, he may withdraw the case from the jury by binding instructions, or refuse to enter judgment on a verdict that is contrary to equity.
But this is a suit at law, and all controverted questions of fact were for the jury. The judge had no right to give binding instructions as to what the verdict should be, for there was no conclusive fact proved by written testimony, nor was there…
2Cited by9 opinions
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- Lukens v. Wharton Avenue Baptist ChurchSupreme Court of Pennsylvania · 1929
- In Re Estate of J.C. PorterSuperior Court of Pennsylvania · 1933
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