Brewer v. Lohr
Superior Court of Pennsylvania
Appeal, No. 40, Oct. T., 1907, by-defendant, from judgment of C. P. Lancaster Co., June T., 1904, No. 19, on verdict for plaintiff in case of W. U. Brewer and Elmer E. Stouffer, Executor of Andrew S. Shank, deceased, v.' Annie Lohr. Ejectment for land in the borough of Manheim. The facts appear by the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff. Defendant appealed.
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Appeal, No. 40, Oct. T., 1907, by-defendant, from judgment of C. P. Lancaster Co., June T., 1904, No. 19, on verdict for plaintiff in case of W. U. Brewer and Elmer E. Stouffer, Executor of Andrew S. Shank, deceased, v.' Annie Lohr. Ejectment for land in the borough of Manheim. The facts appear by the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff. Defendant appealed. Error assigned among others was in giving binding instructions for plaintiff. This case is governed by the rules relating to parol “gifts,” and not by the…
1Opinion of the Court
Opinion by
Morrison, J.,
It was conceded at the trial that the legal title to the house and lot described in the writ of ejectment was vested in Andrew Shank, by deed dated April 3, 1884, from Fannie Ruhl; also conceded that the last will of Andrew Shank clothed his executors with authority to maintain this action of ejectment. Also, that defendant, Adam Witmyer, was in possession of the premises as tenant, only, of Annie Lohr. The plaintiffs made a prima facie case and it was rightly conceded that the burden rested on the defendants to show a paramount title or right of possession. This the…
2Cases cited6 opinions
- Hart v. CarrollSupreme Court of Pennsylvania · 1877
- Poorman v. KilgoreSupreme Court of Pennsylvania · 1855
- Sower's v. WeaverSupreme Court of Pennsylvania · 1877
- Caldwell v. CaldwellSuperior Court of Pennsylvania · 1904
- Hess v. CalenderSupreme Court of Pennsylvania · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Yarnall EstateSupreme Court of Pennsylvania · 1954
- S. Austin Bicking Paper Manufacturing Co. v. WorrallSuperior Court of Pennsylvania · 1920
- Walker v. Provident Trust Co., Pennsylvania Court of Common Pleas, Philadelphia County1927