Legal Opinion

Johns v. Johns

Supreme Court of Pennsylvania

Decided February 9, 1914No. Appeal, No. 141PublishedCited by 33 opinions

Appeal, No. 141, Oct. T., 1913, by plaintiff, from judgment of O. P. No. 2, Allegheny Co., Jan. T., 1910, No. 566, on verdict for defendant in case of Sarah Johns, now Edward A. Johns, Executor, v. Henry Johns, Jr. Ejectment for land in the City of Pittsburgh. Before Evans, J. The opinion of the Supreme Court states the facts. Verdict for defendant and judgment thereon. Plaintiff appealed.

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Appeal, No. 141, Oct. T., 1913, by plaintiff, from judgment of O. P. No. 2, Allegheny Co., Jan. T., 1910, No. 566, on verdict for defendant in case of Sarah Johns, now Edward A. Johns, Executor, v. Henry Johns, Jr. Ejectment for land in the City of Pittsburgh. Before Evans, J. The opinion of the Supreme Court states the facts. Verdict for defendant and judgment thereon. Plaintiff appealed. Errors assigned, among others, were the refusal of the court to direct a verdict for plaintiff and to enter judgment for plaintiff n. o. v. There was no sufficient evidence of a parol gift followed by…

1Opinion of the Court

Opinion by

Me. Justice Stbwaet,

The subject of the present dispute is an improved lot of ground in the City of Pittsburgh, part of a larger lot which Henry Johns, Sr., through whom both parties to the controversy claim, acquired by purchase in 1859. By his last will Henry Johns, Sr., devised his entire estate to his widow Sarah Johns, the original plaintiff in the present action. The defendant is Henry Johns, Jr., *50son of Henry Johns, Sr., who, resisting plaintiff’s right to recover, claims that he entered into possession of the property originally in 1875 pursuant to a parol gift from his…

2Cases cited5 opinions

  1. Rung v. ShonebergerSupreme Court of Pennsylvania · 1833
  2. Martin v. JacksonSupreme Court of Pennsylvania · 1856
  3. De Haven v. LandellSupreme Court of Pennsylvania · 1858
  4. Hood v. HoodSupreme Court of Pennsylvania · 1859
  5. Greenawalt v. HamiltonSupreme Court of Pennsylvania · 1884

3Cited by33 opinions

  1. Sutton v. MillerSuperior Court of Pennsylvania · 1991
  2. Conneaut Lake Park, Inc. v. KlingensmithSupreme Court of Pennsylvania · 1949
  3. Stevenson v. SteinSupreme Court of Pennsylvania · 1963
  4. Robin v. BrownSupreme Court of Pennsylvania · 1932
  5. Lyons v. ANDREWSSuperior Court of Pennsylvania · 1973

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