Plymouth Railroad v. Colwell & Jacoby
Supreme Court of Pennsylvania
Error to the Common Pleas of Montgomery county. This was an action of ejectment, brought May 12th 1858, by the Plymouth Railroad Company against Stephen Colwell and Susanna Jacoby, for a lot of ground in the borough of Conshohocken (formerly Plymouth township), in the county of Montgomery, “ containing about two acres of land, or thereabouts.”
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Error to the Common Pleas of Montgomery county. This was an action of ejectment, brought May 12th 1858, by the Plymouth Railroad Company against Stephen Colwell and Susanna Jacoby, for a lot of ground in the borough of Conshohocken (formerly Plymouth township), in the county of Montgomery, “ containing about two acres of land, or thereabouts.” The ease was tried on the issue formed by the usual plea of “not guilty,” and resulted in a verdict and judgment for defendants ; whereupon the plaintiff sued out this writ. There were a number of errors assigned by the plaintiff in error, founded…
1Opinion of the CourtWoodward, J.
It was demonstrated on the argument, from the descriptions in title papers and from a draft of the premises, that the land for which Colwell took defence was not within the description of the plaintiff’s writ. Of course they were not entitled to recover that for which they had not sued, and the verdict and judgment as to Colwell are unimpeachable.
But the defence of Mrs. Jacoby, as to her part of the premises, rests on another footing. To explicate it clearly from the confusion of an ill arranged paper-book, the leading facts of the case must be grouped together.
By an Act of Assembly of 18th…
2Cited by7 opinions
- Western Union Tel. Co. v. Pennsylvania R.U.S. Circuit Court for the District of Western Pennsylvania · 1903
- City of Philadelphia ex rel. Pugh v. Philadelphia & Reading RailroadSuperior Court of Pennsylvania · 1896
- Olanta Coal Min. Co. v. Beech Creek R.U.S. Circuit Court for the District of Western Pennsylvania · 1906
- Beech Creek R. v. Olanta Coal Mining Co.Court of Appeals for the Third Circuit · 1907
- Lehigh Valley Railroad v. FrankSuperior Court of Pennsylvania · 1909
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