Bismark Building & Loan Ass'n v. Bolster
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 305. This was an action of ejectment brought by Peter Bolster, Frederick Erk and Frederick Iieidenreich against the Bismark Building and Loan Association of Allegheny City, to try the title ' to a leasehold in a lot of ground on Middle street, in Allegheny city, on which are erected four small two-story brick dwelling-houses.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 305. This was an action of ejectment brought by Peter Bolster, Frederick Erk and Frederick Iieidenreich against the Bismark Building and Loan Association of Allegheny City, to try the title ' to a leasehold in a lot of ground on Middle street, in Allegheny city, on which are erected four small two-story brick dwelling-houses. The fee-simple title in the lot is vested in Mrs. Mary E. Schenley, who leased the same to Dr. A. Weinmann, some twelve or fifteen years ago, for a term of years, which…
1Opinion of the CourtJustice Trunkey
This ejectment is to recover possession of an estate for years which had been granted to A. Weinmann. The lease was dated March 30th 1877, executed on the 30th of the following May, and Weinmann, at the time- of its delivery, assigned all his interest therein and the improvements thereon to the defendants below, as collateral security for a debt he owed them; and gave them a power of attorney to collect the rents, as collateral security, until all debts due them are paid in full. At the trial the defendants claimed that the assignment was intended to be an absolute payment of the debt, and…
2Cases cited2 opinions
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