Horner v. Thompson

Citations

• 51 Pa. Super. 298
• 1912 Pa. Super. LEXIS 217

Syllabus

<p>Land law — Execution of warrant — Survey—Public policy.</p> <p>1. Tbe execution of a warrant under the direction of the warrantee, including within the survey lands which he knew to have been previously appropriated, does not render the survey void except as to that part which was erroneously included. In such a case it is error for a court to hold and to charge a jury that the warrant and patent as a whole, would be void on the ground of public policy.</p> <p>Practice, C. P. — Motion for judgment n\\ o. v. — Appeals—Reversal.</p> <p>2. Where a verdict is for the defendant and judgment is entered thereon, and the plaintiff makes no motion for judgment non obstante veredicto, the appellate court in reversing the judgment, cannot enter judgment for the plaintiff, but must send the case back for another trial.</p>