Schrack v. Zubler
Supreme Court of Pennsylvania
Error to the Common Pleas of Clinton county. This was an ejectment by Adam Zubler against Jesse S. Schrack, for a tract of 80 acres of timber land in Green township, Clinton county. The plaintiff claimed title under an improvement commenced in 1832 or 1833, by John Herring.
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Error to the Common Pleas of Clinton county. This was an ejectment by Adam Zubler against Jesse S. Schrack, for a tract of 80 acres of timber land in Green township, Clinton county. The plaintiff claimed title under an improvement commenced in 1832 or 1833, by John Herring. On the 15th July 1839, John Bolinger, a surveyor, at the instance of Herring, made a survey, embracing 165 acres 80 perches; which included Herring’s improvement, and the greater part of the land in controversy. Herring died in May 1843, leaving several children; and his brother-in-law, John Wagner, by the advice of the…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
The first bill of exceptions and the answer of the court to the defendant’s 1st, 2d, and 3d points assigned for error, may be considered together. They involve the question, if question it may be considered, whether one who has neither right, title, interest, nor possession to land, either in his own right, or by virtue of an .office as agent, trustee, executor, or administrator, can convey title. That there can be but one answer to such a proposition, is certain. He cannot. That John Wagner stood in any other or better relation to the…
2Cited by9 opinions
- Stark Et Ux. v. Lardin, Exr.Superior Court of Pennsylvania · 1938
- Plott v. ColeSupreme Court of Pennsylvania · 1988
- Lewkowicz v. BlumishSupreme Court of Pennsylvania · 1971
- Masters v. Local No. 472, U.M.W.Superior Court of Pennsylvania · 1941
- Gerhart Et Ux. v. HilsenbeckSuperior Court of Pennsylvania · 1948
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