Arthurs v. King
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clearfield county: Of January Term 1876, No. 85, Certified from the Eastern District. Ejectment by Richard Arthurs against Andrew King and Sidney Fuller for ninety acres of land in Brady township, Clearfield county, including the northeast corner of tract No. 110, warranted and surveyed in the name of Christian Lower. The plaintiff claimed to be the owner of tract No. 110, and gave evidence to show three distinct titles thereto.
Read the full summary
Error to the Court of Common Pleas of Clearfield county: Of January Term 1876, No. 85, Certified from the Eastern District. Ejectment by Richard Arthurs against Andrew King and Sidney Fuller for ninety acres of land in Brady township, Clearfield county, including the northeast corner of tract No. 110, warranted and surveyed in the name of Christian Lower. The plaintiff claimed to be the owner of tract No. 110, and gave evidence to show three distinct titles thereto. It was admitted of record that the title to the Christian .Lower tract was vested in 1850, in Henry Zimmerman, of Schuylkill…
1Opinion of the CourtJustice Sterrett
The land in controversy was claimed by the plaintiff under three separate titles, one of which was based on the deed of Henry Zimmerman’s executor. This deed was regularly executed in pursuance of the authority contained in the last will and testament of Zimmerman, in whom it is admitted the title was vested in 1850. If he continued to own and died seised of the land, the executor’s deed was sufficient to vest title in Arthurs, the plaintiff. To meet the title thus exhibited, the defendant undertook to prove that Zimmerman sold and conveyed the land in his lifetime; that in 1852, he verbally…
2Cited by2 opinions
- Paschall v. FelsSupreme Court of Pennsylvania · 1903
- Singer v. Singer, Pennsylvania Court of Common Pleas, Dauphin County1943