Wilson v. Ott
Supreme Court of Pennsylvania
Appeal, No. 273, Jan. T., 1895, by plaintiffs, from judgment of C. P. Delaware Co., June T., 1892, No. 109, on verdict for plaintiffs. Scire facias sur mortgage.
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Appeal, No. 273, Jan. T., 1895, by plaintiffs, from judgment of C. P. Delaware Co., June T., 1892, No. 109, on verdict for plaintiffs. Scire facias sur mortgage. Before Clayton, P. J. At the trial the parties agreed upon the following facts : 1. That Dennis Kelly died July 21, 1864, leaving among other children one Mary Ott. 2. That Mary Ott (sometimes mentioned as Mary T. Ott) had three children, Jacob Ott, Joseph A. C. Ott, and Jeremiah J. Ott. 3. That Mary T. Ott died January 27, 1892, and was bom on the sixteenth day of February, A. D. 1811. 4. That Joseph A. C. Ott intermarried with Mary…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
We are required to determine on this appeal whether the learned court below erred in limiting the plaintiffs’ recovery to the value of the life estate the defendants acquired by the deed from Mary E. T. Ott and Mary T. Ott on the 18th of January, 1879, and in declining to grant the request of the plaintiffs’ counsel “ to direct the jury to allow attorney’s commission as stipulated in the mortgage.” In considering the first question we notice that while the defendants obtained by the deed the title their grantors had, they did not acquire by it the fee simple…
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