Legal Opinion

Crist v. Boust

Superior Court of Pennsylvania

Decided November 21, 1904No. Appeal, No. 112PublishedCited by 3 opinions

Appeal, No. 112, Oct. T., 1904, by plaintiff, from judgment of C. P. Northumberland Co., Dec. T., 1902, No. 257, on verdict for defendant, in case of William B. Crist v. Charles Boust. Assumpsit for land in Northumberland borough. Before Auten, J. The court directed a verdict for defendant. Verdict and judgment for defendant.

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Appeal, No. 112, Oct. T., 1904, by plaintiff, from judgment of C. P. Northumberland Co., Dec. T., 1902, No. 257, on verdict for defendant, in case of William B. Crist v. Charles Boust. Assumpsit for land in Northumberland borough. Before Auten, J. The court directed a verdict for defendant. Verdict and judgment for defendant. Errors assigned were (1, 2) in overruling the offers of evidence quoted hr the opinion of the Superior Court; and (3) in directing a verdict for defendant. cited: Williams v. Hillegas, 5 Pa. 492; Bowser v. Cravener, 56 Pa. 132 ; Thompson v. Philadelphia & Reading Coal,…

1Opinion of the Court

Opinion by

Beaver, J.,

It is too clear for argument and too well settled to require the citation of authority that in ejectment the plaintiff must recover upon the strength of his own and not upon the weakness of his adversary’s title.

It was admitted in this case that title was out of the commonwealth. It became incumbent upon the plaintiff, therefore, if he relied upon his paper title, to show some connection between the purchaser from the commonwealth and those under whom the plaintiff claimed. In order to show this, he made the following offer:

“ Counsel for plaintiff offers to read in…

2Cases cited7 opinions

  1. Olewine v. Messmore, Pennsylvania Court of Common Pleas, Fayette County1889
  2. Dorff v. SchmunkSupreme Court of Pennsylvania · 1900
  3. Hyatt v. JohnstonSupreme Court of Pennsylvania · 1879
  4. Bonaffon v. PetersSupreme Court of Pennsylvania · 1890
  5. Bright v. AllanSupreme Court of Pennsylvania · 1902

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Inn Le'Daerda, Inc. v. DavisSuperior Court of Pennsylvania · 1976
  2. Faux v. CookeSuperior Court of Pennsylvania · 1932
  3. Tucker v. McMenaminSuperior Court of Pennsylvania · 1912

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