Legal Opinion

Barnett v. Plummer

Supreme Court of Pennsylvania

Decided February 7, 1887PublishedCited by 2 opinions

July Term, 1886, No. 181, E. B., before Meecuk,. Oh. J., GORDON, Paxson, Trunkey, Sterrett, and Green, JJ. Error to Common Pleas No. 1 of Philadelphia County to review a judgment on a verdict for the defendant in an amicable action of ejectment At the trial before AllisoN, P. J., it appeared that on October 5, 1881, tbe plaintiff leased to the defendant the property described in the opinion.

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July Term, 1886, No. 181, E. B., before Meecuk,. Oh. J., GORDON, Paxson, Trunkey, Sterrett, and Green, JJ. Error to Common Pleas No. 1 of Philadelphia County to review a judgment on a verdict for the defendant in an amicable action of ejectment At the trial before AllisoN, P. J., it appeared that on October 5, 1881, tbe plaintiff leased to the defendant the property described in the opinion. Between the fence mentioned in the lease and the dwelling houses excepted from it was an alley, 3 feet and 7 inches wide, over which the second story of the leased building extended to the wall of the…

1Opinion of the Court

OPINION bv

Mr. Justice Gordon:

There is no material question of fact in this case, except that which arises from the lease of the 5th of October, 1881, the drafts offered in evidence, and the actual measurements on the ground, concerning which there is no dispute. This simplifies the contention very much, and relieves us from the consideration of any but the seventh exception. The exception embraces that, part of the charge of the court below which is set forth as follows:

“As a question of law, I charge that the grant on the part of the plaintiff included the soil of the alley way, subject to…

2Cited by2 opinions

  1. Fidelity Union Trust Co. v. FarleyNew Jersey Court of Chancery · 1940
  2. Citizens Against the Landfill in Hempstead Michael McCall Wayne Knox And the City of Hempstead v. Texas Commission on Environmental Quality and Pintail Landfill, L.L.C., Texas Court of Appeals, 3rd District (Austin)2015

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