Criswell v. Hulings

Citation200 A. 683
PartiesCRISWELL et al. v. HULINGS.
Decision Date15 July 1938
CourtSuperior Court of Pennsylvania
200 A. 683

CRISWELL et al.
v.
HULINGS.*

Superior Court of Pennsylvania.

July 15, 1938.


200 A. 684

Appeal No. 209, April term, 1938, from judgment and order of Court of Common Pleas, Venango County, A. D. 81, April term, 1935; Lee A. McCracken, President Judge.

Action of ejectment by Bessie M. Criswell and others against Lily S. Hulings. From a judgment in favor of the defendant on the pleadings, the plaintiffs appeal.

Judgment affirmed.

Argued before KELLER, P. J., and CUNNINGHAM, BALDRIGE, STADTFELD, PARKER, and RHODES, JJ.

D. J. Skelly and Skelly & Mogilowitz, all of Oil City, and G. G. Martin, of Franklin, for appellants. Robert M. Dale and S. B. Babcock, both of Franklin, for appellee.

BALDRIGE, Judge.

&gt

This appeal is from an entry of judgment on the pleadings in an action of ejectment.

Lily S. Hulings, the appellee herein, presented her petition to the Court of Common Pleas of Venango County, averring that she is the sole owner in fee and in possession of certain premises which she purchased May 15, 1933, at a sheriff's sale held pursuant to a writ of fi. fa. issued against F. B. Criswell and Hattie Criswell. The property is described as follows:

"All of that plot or parcel of land situated lying and being in the Borough of Emlenton, Venango County, Pennsylvania, being known as the 'Hotel Lot' and numbered in the plan of said Borough as lot No. 98. Bounded on the north by Main Street, on the west by Eighth Street, on the south by the Allegheny River, and on the east by land now or late of Jas. Freud (or Frend).

"Being the same which Ann C. Mackin and Nicholas Mackin, her husband, by deed dated April 3rd, 1920, recorded in the Recorder's Office of said Venango County in Deed Book No. 373, Page 221, conveyed to 'The Sisters of Mercy', who by deed dated the 14th day of January, 1925, recorded in the said Recorder's Office in Deed Book No. 399, Page 315, conveyed the same to F. B. Criswell," excepting and reserving therefrom 10 feet along Eighth Street which Criswell and his wife had previously conveyed to the Borough of Emlenton for public travel.

The petition further alleged that Bessie M. Criswell, although not in possession, claims an interest in, or title to, the aforesaid real estate, or a part thereof, and prayed that a rule be granted upon her to bring an action of ejectment within six months from the service of the rule.

An answer was filed by Bessie M. Criswell, who denied that the petitioner is the sole owner in fee and in...

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