Barbour v. Wiehle
Supreme Court of Pennsylvania
No. 42 January Term 1887, Supt. Ct.; Court below, No. 59 December Term 1882, C. P. No. 8. In the court below this was an action of ejectment by C. A. Max W.iehle and Bernard Feldman as executors of Elizabeth Psotta, deceased, against Isaiah S. Barbour, to recover two certain lots of ground in the 23d ward of the city of Philadelphia. A disclaimer was filed as to one of said lots.
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No. 42 January Term 1887, Supt. Ct.; Court below, No. 59 December Term 1882, C. P. No. 8. In the court below this was an action of ejectment by C. A. Max W.iehle and Bernard Feldman as executors of Elizabeth Psotta, deceased, against Isaiah S. Barbour, to recover two certain lots of ground in the 23d ward of the city of Philadelphia. A disclaimer was filed as to one of said lots. On the trial before James Gay Gordon, J., it having been agreed between the counsel for the parties that both plaintiffs and defendant derived their titles through Jacob Dean and that all deeds should be admitted in…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
The parties to this ejectment claim title from a common source. The premises in dispute, it is conceded, are part of a larger lot of ground owned in fee by Jacob Dean, who, on the 3d October, 1867, executed a mortgage thereon to the Ministers, etc., etc., of Immanuel Church, in $2,666.66 (afterward reduced to $2,000.00), to secure the payment of purchase *314money. On the 2d October, 1869, Jacob Dean conveyed subject to the mortgage to Solomon Wilde, who by deed dated 1st January, 1874, conveyed the premises in dispute to Isaiah S. Barbour, the defendant below, without…
2Cases cited1 opinion
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