Legal Opinion

Helfenstein v. Leonard

Supreme Court of Pennsylvania

Decided June 29, 1865PublishedCited by 4 opinions

Error to the Common Pleas of Cumberland county. This was an action of ejectment by Julia A. Helfenstein, who sued as well for herself as for her minor children, against Edward B. Leonard and Edward B. Leonard, Jr., for a three-storied brick house, frame shop, and lot of ground in the borough of Carlisle, an adjoining two-storied stone plastered house and lot of ground, and an out-lot containing about six acres.

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Error to the Common Pleas of Cumberland county. This was an action of ejectment by Julia A. Helfenstein, who sued as well for herself as for her minor children, against Edward B. Leonard and Edward B. Leonard, Jr., for a three-storied brick house, frame shop, and lot of ground in the borough of Carlisle, an adjoining two-storied stone plastered house and lot of ground, and an out-lot containing about six acres. There was a service on both defendants, and a general appearance for both by' counsel. The property was formerly owned by William Leonard, now deceased, and both parties claimed title…

1Opinion of the Court

The opinion of the court was delivered, by

Woodward, C. J.

The writ in this case described three distinct properties: the two messuages and lots in the borough of Carlisle, and the outlying six-acre lot. No exception was taken to it on this ground, and we are not going to say it was exceptionable, but it is a circumstance that should not be forgotten whilst we review the subsequent proceedings.

Both defendants were served with the writ: they were father and son, and the appearance of counsel was general for both. On *473the 27th September 1864 they pleaded separate pleas, the father, Edward B.…

2Cases cited2 opinions

  1. Jones v. HartleySupreme Court of Pennsylvania · 1838
  2. Steinmets v. LoganSupreme Court of Pennsylvania · 1834

3Cited by4 opinions

  1. West Penn Sand & Gravel Co. v. Shippingport Sand Co.Supreme Court of Pennsylvania · 1951
  2. Sautter v. RowlandSupreme Court of Pennsylvania · 1925
  3. Rotunno Et Ux. v. Joseph Et Ux.Superior Court of Pennsylvania · 1947
  4. Garcia v. CandelariaNew Mexico Supreme Court · 1898

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