Holland v. Kindregan
Supreme Court of Pennsylvania
Appeal, No. 207, Jan T., 1893, by plaintiff, Thomas Holland, from judgment of C. P. Montgomery Co., Oct. T., 1891, No. 26, for defendants, Joseph Kindregan et al., non obstante veredicto. Ejectment for strip of land, formerly part of public road. At the trial, before Weand, J., it appeared that in 1846 certain land was conveyed to James Holland, described in one of its courses as running along “ the southwest side of Mill road.”
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Appeal, No. 207, Jan T., 1893, by plaintiff, Thomas Holland, from judgment of C. P. Montgomery Co., Oct. T., 1891, No. 26, for defendants, Joseph Kindregan et al., non obstante veredicto. Ejectment for strip of land, formerly part of public road. At the trial, before Weand, J., it appeared that in 1846 certain land was conveyed to James Holland, described in one of its courses as running along “ the southwest side of Mill road.” In 1852, a report of commissioners was filed vacating Mill road. In October, 1853, James Holland conveyed a piece of ground to defendants’ predecessor in title,…
1Opinion of the Court
Per Curiam:,
The learned judge below reserved the question whether there was any evidence to be submitted to the jury upon which the plaintiff can recover, and subsequently entered judgment for the defendants non obstante veredicto. In entering this judgment we think he reached the substantial justice of the case. He appears to have been led to this result, however, because, to use his own language, “ the evidence in the case at bar was overwhelming that it (the road in question) had not been closed up for several years afterward and a finding against this fact could not have been sustained.”…
2Cited by17 opinions
- MacDonald v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1944
- Lonzer v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1900
- Colonial Trust Co. v. GetzSuperior Court of Pennsylvania · 1905
- Cromley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1905
- Dinan v. Supreme Council of Catholic Mutual Benefit Ass'nSupreme Court of Pennsylvania · 1904
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