Huoncker v. Merkey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term 1883, No. 17. Ejectment, by Jacob Merkey against Emanuel Huoncker, for a tract of laud in Berks county containing 18 acres. Christian Huoncker, Michael Schmeltzer and Franklin Syn'der were admitted as parties defendant, as landlords, the original defendant being tenant in possession. Plea, not guilty.
Read the full summary
Error to the Court of Common Pleas of Berks county: Of January Term 1883, No. 17. Ejectment, by Jacob Merkey against Emanuel Huoncker, for a tract of laud in Berks county containing 18 acres. Christian Huoncker, Michael Schmeltzer and Franklin Syn'der were admitted as parties defendant, as landlords, the original defendant being tenant in possession. Plea, not guilty. On the trial, before Sassaman, J., title was admitted in Daniel R. Kline prior to September, 1871. The plaintiff put in evidence a deed from Daniel R. Kline to himself, in fee simple, for the premises in dispute, dated April 6th…
1Opinion of the CourtJustice Clark
In the trial of this ejectment, in the court below, the specific question was, whether the deéd dated April 6th 1872, from Daniel R. Kline to Jacob Merkey, was a conveyance of the land or merely a mortgage upon it. On its face it purported to be an absolute conveyance of the lands in dispute, to Merkey, and therefore the exhibition of it in evidence made a prima facie case for-the plaintiff.
In reply to this the defendants produced and offered .the agreement in writing, between Kline and Emanuel Huoncker, dated 12th September 1871, showing a previous sale of the same property by Kline to…
2Cases cited3 opinions
- Colwell v. WoodsSupreme Court of Pennsylvania · 1834
- Strong v. StewartNew York Court of Chancery · 1819
- Hiester v. MaderiaSupreme Court of Pennsylvania · 1842
3Cited by8 opinions
- Williams Et Ux. v. MoodhardSupreme Court of Pennsylvania · 1941
- McSparran v. Southern Mutual InsuranceSupreme Court of Pennsylvania · 1899
- Kretschman v. StollSuperior Court of Pennsylvania · 1975
- Commonwealth v. BellSuperior Court of Pennsylvania · 1897
- Allen v. LineSuperior Court of Pennsylvania · 1899
3 more not listed; retrieve them via the Exa API.