Hess v. Calender
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE COLUMBIA COUNTY. No. 72 January Term 1888, Sup. Ct.; court below, No. 228 September Term 1884, C. P. On September 5, 1884, an action of ejectment was brought by Clark Calender, executor of the will of Joseph Hess, deceased, against Francis L. Hess, to recover about 138 acres of land in Jackson township.
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ERROR TO THE COURT OE COMMON PLEAS OE COLUMBIA COUNTY. No. 72 January Term 1888, Sup. Ct.; court below, No. 228 September Term 1884, C. P. On September 5, 1884, an action of ejectment was brought by Clark Calender, executor of the will of Joseph Hess, deceased, against Francis L. Hess, to recover about 138 acres of land in Jackson township. The defendant disclaimed title to about 54 acres, and set up title to the remainder, 84 acres and 124 perches, by virtue of a parol gift from his father, Joseph Hess, the plaintiff’s testator. At the trial on February 10,1887, the undisputed facts were,…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
In the case of Reno v. Moss an opinion is this day filed in which we have considered the powers and duties of a judge in the trial of an equitable ejectment: [reported ante, 49.] In the case at bar we are to consider the province of the jury in the same form of action.
The defendant below, now plaintiff in error, defended under a parol contract. He alleged that his father, under whose will the plaintiff claimed, had given the land in controversy to him several years before his death; that he had taken possession under the gift, continued in possession…
2Cases cited2 opinions
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