McCreary v. Bomberger
Supreme Court of Pennsylvania
Appeal, No. 5, May T., 1892, by plaintiff, John McCreary, from judgment for defendant non obstante veredicto, of C. P. Dauphin Co., June T., 1891, No. 433, on verdict for plaintiff. Scire facias sur mortgage with notice to Commonwealth Guarantee Trust & Safe Deposit Co., trustee, and John E. Patterson, guardian ad litem of minor heirs, devisees under will of Lewis Bomberger, deceased.
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Appeal, No. 5, May T., 1892, by plaintiff, John McCreary, from judgment for defendant non obstante veredicto, of C. P. Dauphin Co., June T., 1891, No. 433, on verdict for plaintiff. Scire facias sur mortgage with notice to Commonwealth Guarantee Trust & Safe Deposit Co., trustee, and John E. Patterson, guardian ad litem of minor heirs, devisees under will of Lewis Bomberger, deceased. The facts appear by the opinion of the Supreme Court- The court charged the jury as follows: “ This case raises questions of law which will have to be determined by the court hereafter when we have more leisure…
1Opinion of the Court
Opinion by
Mb. Chief Justice Paxson,
The learned judge below instructed the jury to find a verdict for the plaintiff subject to the reserved question whether there was any evidence in the case to sustain such verdict. Subsequently he entered judgment for the defendant non obstante veredicto.
The learned judge was of the opinion that Sarah Bomberger took but a life estate in the land in question under the will of her husband, Lewis Bomberger. The will, so far as it applies to the present case, is as follows:
“ I give, devise, and bequeath to my beloved wife, Sarah Bomberger, my house and lot in…
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