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N. J. MERLINO AND IDA R. MERLINO v. FRANK EANNOTTI AND JOSEPHINE EANNOTTI (01/14/55)

January 14, 1955

N. J. MERLINO AND IDA R. MERLINO, HIS WIFE,
v.
FRANK EANNOTTI AND JOSEPHINE EANNOTTI, HIS WIFE, APPELLANTS



Appeal, No. 189, April T., 1954, from judgment of Court of Common Pleas of Westmoreland County, Aug. T., 1951, No. 26, in case of N. J. Merlino et ux. v. Frank Eannotti et ux. Judgment reversed.

COUNSEL

Robert W. Smith, with him H. Reginald Belden and Smith, Best & Horn, Greensburg, for appellants.

Joseph M. Loughran, with him Frederick T. Seymour, Greensburg, for appellees.

Before Rhodes, P. J., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.

Author: Wright

[ 177 Pa. Super. Page 308]

OPINION BY WRIGHT, J.,

N. J. Merlino and Ida R. Merlino, his wife, filed an action in ejectment against Frank Eannotti*fn1 alleging that they were the owners, and entitled to possession of Lot No. 199 in the Repasky Plan of Lots recorded in the Office of the Recorder of Deeds of Westmoreland County, Pennsylvania. Following a trial without jury*fn2, a verdict was rendered by the trial judge (BAUER, J.) in favor of the plaintiffs. Exceptions were filed by the defendants. After argument before the Court en banc, judgment was entered in favor of

[ 177 Pa. Super. Page 309]

    the plaintiffs (LAIRD, P.J. dissenting). This appeal followed.

On August 21, 1947, Margaret B. Repasky and George S. Repasky, her husband, and Julia S. Repasky and Albert J. Repasky, her husband, conveyed to Frank Eannotti and Josephine Eannotti, his wife, "All that certain lot, a piece or parcel of land situate in the Township of Hempfield, County of Westmoreland and Commonwealth of Pennsylvania, being known and designated as Lot No. 201 in the first Addition to the Repasky Plan of Lots in Hempfield Township, Westmoreland County, Pennsylvania (said plan to be recorded) and said Lot No. 201 being more particularly described as follows, to wit: Beginning at a point in the South-easterly line of the public road leading from Greensburg to West Newton. where the same is intersected by the line dividing Lots Nos. 199 and 201 as shown on said plan; thence along the Southeasterly line of said public road South 81degree 16minute East 78 feet to a point in said line where the same is intersected by the line dividing Lots Nos. 201 and 203; thence along the said dividing line South 7degree 36minute East 103.9 feet to a corner common to Lots Nos. 201, 203, 202 and 200; thence by the line dividing Lots Nos. 200 and 201, South 89degree 18minute West 75.41 feet to a point, corner common to Lots Nos. 199 and 201, North 7degree 36minute West 116.8 feet to a point the place of beginning".

This deed is recorded in the Office of the Recorder of Deeds of Westmoreland County in Deed Book 1288 page 354. Shortly after purchasing the lot appellants began the erection of a concrete block foundation 23 by 30 feet on the westerly portion of the lot. This foundation was roofed over and is presently occupied by appellants as a dwelling.

On February 24, 1948, the Repaskys conveyed to Thomas Yurcovic and Margaret ...


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