Reed v. Nichols

Citations

• 51 Pa. Super. 349
• 1912 Pa. Super. LEXIS 225

Syllabus

<p>Ejectment — Evidence—Oral testimony — Charge of court — Priority of agreements.</p> <p>In an action of ejectment where the plaintiff and defendant claim title from the same grantor, the plaintiff under an earlier deed, and the defendant presents oral evidence which, though contradicted, tends to show that he bought the land in dispute which was a portion of that covered by the deed of the plaintiff, by an earlier agreement with the grantor than that of the plaintiff, and that the plaintiff had full knowledge of such agreement, it is reversible error for the court to charge in such a way that the jury might reasonably assume that the court was construing the writings and deciding as a matter of law that the date of the papers was controlling, without regard to the oral proofs as to notice, knowledge and possession.</p>