Goldsmith v. Fillman
Superior Court of Pennsylvania
Appeal, No. 180, Oct. T., 1906, by plaintiff, from judgment of C. P. Montgomery Co., Oct T., 1905, No. 52, on verdict for defendant in case of Godfrey Goldsmith v. Hannah Fillman. Ejectment for land in the borough of Pottstown. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. Plaintiff appealed.
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Appeal, No. 180, Oct. T., 1906, by plaintiff, from judgment of C. P. Montgomery Co., Oct T., 1905, No. 52, on verdict for defendant in case of Godfrey Goldsmith v. Hannah Fillman. Ejectment for land in the borough of Pottstown. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. Plaintiff appealed. Errors assigned were, inter alia, as follows: 1. The court erred in not allowing the plaintiff to rest after he had proved possession of thirty feet under his deed, and dispossession by the defendant, thereby throwing the burden of proof…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff and the defendant are the owners respectively of two lots of ground in the borough of Pottstown. Both of these lots are parts of a plot of ground which, in 1864, was laid out in a plan of town lots by one Reitmeyer. The entire plan showed two tiers of lots separated by a twenty feet wide alley running from east to west. One tier faced north on Chestnut street and extended southward to the alley, but with *46it we have no concern. The other tier faced south on King street and the lots stretched northward to the same alley. This entire block or tier of lots,…
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