McCullough v. Seitz

Citations

• 28 Pa. Super. 458
• 1905 Pa. Super. LEXIS 223

Syllabus

<p>Appeals — Assignments of error — Objections to testimony.</p> <p>An assignment of error to the effect that “the court erred in permitting counsel for the defendant to repeatedly ask his own witness leading questions.” is without merit where it appears that the plaintiff has printed in connection with this assignment four pages of questions and answers which he permitted to proceed without objection.</p> <p>An assignment of error to the admission of testimony, which does not contain in connection with the specification what, if any, testimony was given under the exception, will not be considered.</p> <p>Statute of limitations — Trespass—Waters—Water course — Trust and trustees — Deed.</p> <p>Where a deed conveys land to a trustee in trust to pay the income to the wife and children of the grantor’s son, and upon the death of the son to the widow and children of the son, and upon the death of the widow the principal to vest in the son’s children, the children have an equitable estate in the land prior to the death of their father, against which the statute of limitations will begin to run in favor of an adverse user begun prior to the death of the father'; and the statute having commenced to run against the equitable title will continue to run against any estate in remainder which becomes vested in the children by the grant upon which the whole estate depended.</p>