Barnett v. Plummer
Supreme Court of Pennsylvania
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…