Barnes v. Philadelphia, Newtown & New York Railroad
Superior Court of Pennsylvania
Appeal, No. 125, Oct. T., 1904, by plaintiff, from order of O. P. No. 5, Phila. Co., March T., 1901, No. 709, refusing to take off nonsuit in case of Thomas Barnes v. Philadelphia, Newtown & New York Railroad Company. Ejectment for land in the thirty-third ward of the city of Philadelphia. Before Ralston, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Smith, J.,
John Young, in 1869, conveyed three adjoining lots on the west side of Second street, in the city of Philadelphia, with a total frontage of' eighty feet, the title to which subsequently became vested in the plaintiff. In the conveyances, the lots are described as extending west of Second street “121 feet 9 inches to Philip street, 30 feet wide,” and bounded “ westward by Philip street.” The land thus described as Philip street belonged to Young; but it was not then nor has it since been opened or plotted as a street or entered as such on the city plan. The plaintiff…
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