Smith v. Wildman
Supreme Court of Pennsylvania
Appeal, No. 162, Oct. T., 1899, by-defendant, from judgment of O. P. Greene Co., April T., 1892, No. 128, on verdict for plaintiffs. Ejectment for land in Springhill township.
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Appeal, No. 162, Oct. T., 1899, by-defendant, from judgment of O. P. Greene Co., April T., 1892, No. 128, on verdict for plaintiffs. Ejectment for land in Springhill township. Before Crawford, P. J. The facts appear by the opinion of the Supreme Court, and by the previous report of the case in 178 Pa. 245. At the trial Smith Lippincott, a witness for defendant, being-on the stand, counsel for defendant said: I want you to state about going up to see the children of Mr. James Smith, about the acknowledgment of the deeds to your mother for this land in controversy, and what you did at the time…
1Opinion of the Court
Opinion by
Mr. Justice Green,
' While it is true that when this case was here before (178 Pa. 245), we were of divided opinion, we now decide to abide by the decision then made. It is scarcely necessary to repeat the reasons for our judgment which were fully expressed in the opinion of our late Brother Williams. As a matter of fact, upon the testimony, the orphans’ court which granted the order of sale of the land in question had no jurisdiction to make such a decree. But the case was worse than that, because on the face of the petition for the order there was a presumption of the want of…
2Cases cited1 opinion
- Smith v. WildmanSupreme Court of Pennsylvania · 1896
3Cited by3 opinions
- Forst's LicenseSuperior Court of Pennsylvania · 1903
- Grubb v. GallowaySupreme Court of Pennsylvania · 1902
- Good v. Updegraff, Pennsylvania Court of Common Pleas, Cumberland County1948