Hart v. Homiller
Supreme Court of Pennsylvania
This case, was brought up from tbe Nisi Prius. It was an action of ejectment by children and heirs of Henry Homiller, deceased, for a lot of ground on the east side of Third Street, in the Northern Liberties, in the possession of P. W. Birmingham, defendant below, who was a tenant under James H. Hart. Hart claimed to hold possession as the sheriff’s vendee of Jacob Martin, whose right, title, and interest in the premises in question had been purchased by the said Hart.
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This case, was brought up from tbe Nisi Prius. It was an action of ejectment by children and heirs of Henry Homiller, deceased, for a lot of ground on the east side of Third Street, in the Northern Liberties, in the possession of P. W. Birmingham, defendant below, who was a tenant under James H. Hart. Hart claimed to hold possession as the sheriff’s vendee of Jacob Martin, whose right, title, and interest in the premises in question had been purchased by the said Hart. It yas conceded on the trial that Henry Homiller, at the time of his death, was the owner of the property, both parties…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrie, J.
Henry Homiller devised certain land to his son Samuel, charged with an annual rent to his widow during life, and subject to a valuation to be put on it and paid by Samuel after the widow’s death. The amount of this valuation fell within the residuary estate, which was to be divided among his six children, of whom Samuel was one. A judgment having been obtained against Samuel, his interest was sold by the sheriff, in 1827, to Jacob Martin, who received a deed therefor, wherein the title is conveyed expressly subject to the foregoing charges.…
2Cited by5 opinions
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- Horn EstateSupreme Court of Pennsylvania · 1944
- Dean v. WintonSupreme Court of Pennsylvania · 1892
- Estate of HartzellSupreme Court of Pennsylvania · 1896
- Estate of PalmSuperior Court of Pennsylvania · 1900