Legal Opinion

Moseby v. Fleck

Supreme Court of Pennsylvania

Decided June 27, 1913No. Appeal, No. 16PublishedCited by 1 opinion

Appeal, No. 16, May T., 1912, by plaintiff, from judgment of C. P. Fulton Co., Oct. T., 1906, No. 39, on directed verdict for certain defendants in case of William L. Moseby v. Daniel C. Fleck, Frank C. McClain, George Wilds, William L. Cunningham, Harry M. Edwards, Newton S. Edwards, Jesse B. McClain. Trespass to recover damages for illegal ouster from a farm. Before Swope, P. J. The opinion of the Supreme Court states the facts.

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Appeal, No. 16, May T., 1912, by plaintiff, from judgment of C. P. Fulton Co., Oct. T., 1906, No. 39, on directed verdict for certain defendants in case of William L. Moseby v. Daniel C. Fleck, Frank C. McClain, George Wilds, William L. Cunningham, Harry M. Edwards, Newton S. Edwards, Jesse B. McClain. Trespass to recover damages for illegal ouster from a farm. Before Swope, P. J. The opinion of the Supreme Court states the facts. The action was brought against Frank C. McClain, who had instituted the ouster proceedings, and against the sheriff, Daniel C. Fleck, and his deputies George Wilds,…

1Opinion of the Court

Opinion by

Mr. Justice Mesteezat,

Abram G. Anderson was the owner of a farm in Wells township, Fulton County, and by deed dated August 7, 1894, he and his wife, Emma Anderson, conveyed the farm to Frank C. McClain, who, two days later, reconveyed it to the wife. The Andersons continued to live on the farm until January 25, 1902. On May 25, 1899, H. H. Ashman, administrator of Bichard Ashman, deceased, obtained a judgment against Abram G. Anderson, in the Common Pleas of Fulton County. A writ of fieri facias was issued on this judgment and the farm was sold on March 16, 1901, to the plaintiff in…

2Cases cited2 opinions

  1. Krepps v. MitchellSupreme Court of Pennsylvania · 1893
  2. Moseby v. FleckSupreme Court of Pennsylvania · 1911

3Cited by1 opinion

  1. Reuben v. O'BRIENSuperior Court of Pennsylvania · 1982

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