Landreth v. Howell
Superior Court of Pennsylvania
Appeal, No. 249, Oct. T., 1903, by plaintiff, from judgment of O. P. No. 2, Phila. Co., Dec. T., 1900, No. 286, on verdict for defendant in case of Lucius S. Landreth v. Emma A. Howell. Assumpsit to recover for deficiency of acreage of land conveyed under a master’s deed in partition. Before Wilt-bank, J. At the trial it appeared that a master in partition sold plaintiff a tract of land containing six acres three roods and eight perches more or less at $2,500 per acre.
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Appeal, No. 249, Oct. T., 1903, by plaintiff, from judgment of O. P. No. 2, Phila. Co., Dec. T., 1900, No. 286, on verdict for defendant in case of Lucius S. Landreth v. Emma A. Howell. Assumpsit to recover for deficiency of acreage of land conveyed under a master’s deed in partition. Before Wilt-bank, J. At the trial it appeared that a master in partition sold plaintiff a tract of land containing six acres three roods and eight perches more or less at $2,500 per acre. About a year after the purchase a survey was made, and the land was found to contain two thirds of an acre less. The…
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action of assumpsit and at the trial the learned *215court granted a compulsory nonsuit and subsequently refused to take it off, to which ruling the plaintiff excepted and a bill was sealed.
The plaintiff's claim is founded upon an alleged state of facts of which the following is the substance: A master in partition sold to plaintiff a tract of land described by metes and bounds and said to contain six acres, three roods and eight perches of land, more or less, at $2,500 per acre. The quantity of the tract was introduced in the papers by way of description and…
2Cases cited9 opinions
- Smith v. EvansSupreme Court of Pennsylvania · 1813
- Kreiter v. BombergerSupreme Court of Pennsylvania · 1876
- Babcock v. DaySupreme Court of Pennsylvania · 1883
- Wolf v. ChristmanSupreme Court of Pennsylvania · 1902
- Coughenour's Adm'rs v. StauftSupreme Court of Pennsylvania · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. DonahueSuperior Court of Pennsylvania · 1915
- Baker v. BarleySupreme Court of Pennsylvania · 1907
- Schmitz v. RobertsSuperior Court of Pennsylvania · 1904
- Byrne v. Williams, Pennsylvania Court of Common Pleas, Greene County1928