Weaver v. Lutz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh, county : Of January Term 1883, No- 321. Ejectment, by Samuel Lutz against Reuben Weaver and George W. Griesemer, for a house and lot. Plea, not guilty. On the trial, before Albright, P. J., the following facts appeared: In 1877, the plaintiff Lutz, being the owner of a half-acre lot, (which included the lot in controversy) agreed verbally to sell the same to.
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Error to the Court of Common Pleas of Lehigh, county : Of January Term 1883, No- 321. Ejectment, by Samuel Lutz against Reuben Weaver and George W. Griesemer, for a house and lot. Plea, not guilty. On the trial, before Albright, P. J., the following facts appeared: In 1877, the plaintiff Lutz, being the owner of a half-acre lot, (which included the lot in controversy) agreed verbally to sell the same to. Franklin Miller for $250. The boundaries were marked, and Miller went into possession and built a house thereon, but never paid the purchase money, and no deed was executed to him. A…
1Opinion of the CourtChief Justice Mercur
If, while Miller was in possession and owning the equitable title, he alone caused the building to be erected without the co-operation of Lutz, who held the legal title, a mechanics’ lieu for such erection would not bind any other or greater estate than that held by Miller. The 24th section of the Act of 28th April 1840, Pur. Dig. 1027, pi. 18, would control the case.
On such facts the joining of Lutz with Miller in the claim filed, would be improper. Upon application of the former the claim as to him should have been stricken off, or after scire facias issued, the facts would have constituted…
2Cases cited2 opinions
- Postens v. PostensSupreme Court of Pennsylvania · 1842
- Van Billiard's Administrators v. NaceSupreme Court of Pennsylvania · 1855
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- Hartman v. Pittsburg Inclined Plane Co.Superior Court of Pennsylvania · 1903
- O'Brien v. SylvesterSuperior Court of Pennsylvania · 1900
- Gallitzin Building & Loan Ass'n v. SteigersSuperior Court of Pennsylvania · 1905
- Leslie v. LeonardSuperior Court of Pennsylvania · 1899
- Tilo Roofing Co. v. Abeloff, Pennsylvania Court of Common Pleas, Monroe County1950