Lingenfelter v. Ritchey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bedford county: Of May Term 1868, No. 54. This was an action of trespass q. c. f. by Thomas Ritchey against Jacob Lingenfelter and others, in which the writ was issued, January 16th 1867. The pleas were “not guilty” and “ liberum tenementum.” The plaintiff gave in evidence warrant of September 21st 1796 to Valentine Hollar; survey of October 25th for 448 acres.
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Error to the Court of Common Pleas of Bedford county: Of May Term 1868, No. 54. This was an action of trespass q. c. f. by Thomas Ritchey against Jacob Lingenfelter and others, in which the writ was issued, January 16th 1867. The pleas were “not guilty” and “ liberum tenementum.” The plaintiff gave in evidence warrant of September 21st 1796 to Valentine Hollar; survey of October 25th for 448 acres. Prior to April 25th 1837, Abraham Sparks owned one-half of the survey, and Solomon Hollar, who was the husband of Sparks’s sister, the other half. On that day Sparks conveyed to Solomon Hollar. On…
1Opinion of the Court
The opinion of the court was delivered, July 2d 1868, by
Agnew, J.
The legal title to the land in controversy was vested in Solomon Hollar by a patent dated 16th May 1837, for 448]- acres of land. Hollar’s title to 224 acres, the part in dispute, became regularly vested in Ritchey, the plaintiff below. The defendants claimed title under one Abraham Sparks. They alleged and, as the court' took the facts from the jury, we may suppose proved by parol, a trust in Solomon Hollar for Abraham Sparks for one-half (224 acres) of the land held by him under the patent. The facts proved were that Hollar…
2Cases cited3 opinions
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