Scharff v. Keener & Mull
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bevies county: Of January Term 1870, No. 340. This was an action of trespass q. c. f. brought May 13th 1865, by Anthony Scharff against John Keener and Greorge Mull. The defendants pleaded “ liberum tenementum.”
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Error to the Court of Common Pleas of Bevies county: Of January Term 1870, No. 340. This was an action of trespass q. c. f. brought May 13th 1865, by Anthony Scharff against John Keener and Greorge Mull. The defendants pleaded “ liberum tenementum.” On the trial, January 25th 1870, before Woodward, P. J., the plaintiff gave in evidence the will of John Hopp, proved March 4th, 1799, by which he devised ; “to my daughter, Dorothea Schneider, the land whereupon I have lived in my time, * * * after her death all shall come to the heirs of Johannes Hopp, Jr.” There was evidence that Dorothea…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
— The jearned'judge in the court below rejected the deed from Philip ilopp and wife to Peter Scholl on the ground that there was no proof that the grantors were the heirs of John Ilopp, Jr., and because there had been only fifteen years’ possession under the deed. We think this was an error. The deed was dated April 30th 1827 and was over forty-two years old at the time of trial. It recited that John Ilopp was the grandfather of Philip Ilopp, and that Philip was entitled to the estate under the will of his grandfather John, dated the 24th of…
2Cases cited2 opinions
- Lessee of Paxton v. PriceSupreme Court of Pennsylvania · 1795
- Murphy v. LoydSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
- Abrams v. UenkingSuperior Court of Pennsylvania · 1923