GODDING et ux. v. SWANSON et al.


165 Pa.Super. 193 (1949)

Godding et ux., Appellants, v. Swanson et al.

Superior Court of Pennsylvania.

July 15, 1949.


Attorney(s) appearing for the Case

John H. Stewart, with him Thomas E. Doyle and Alexander, Clark & Stewart, for appellants.

Harold S. Hampson, for appellees.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ARNOLD and FINE, JJ. (ROSS, J., absent.)


OPINION BY ARNOLD, J., July 15, 1949:

In this action of ejectment the court below, after hearing evidence of both the plaintiffs and defendants, entered judgment for the defendants as on a demurrer, and without adjudication on the merits.

The plaintiffs' declaration and amendments, with abstract of title, averred that the common source of both plaintiffs' and defendants' title was Anna Hackathorne, who died testate and whose devisees were predecessors in title...

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