Muhlenberg v. Druckenmiller
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county : Of January Term 1883, No. 166. Ejectment, by Benjamin S. Muhlenberg et ah, surviving executors of the will of Dr. F. A. Muhlenberg, deceased, against Catharine Druckenmiller and Jacob Druckenmiller, her husband, to recover possession of a piece of ground in the city of Lancaster.
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Error to the Court of Common Pleas of Lancaster county : Of January Term 1883, No. 166. Ejectment, by Benjamin S. Muhlenberg et ah, surviving executors of the will of Dr. F. A. Muhlenberg, deceased, against Catharine Druckenmiller and Jacob Druckenmiller, her husband, to recover possession of a piece of ground in the city of Lancaster. On the trial, before Patterson, J., the plaintiff put in evidence the record of a deed, dated March 28th 1821, recorded same day, from Joseph Cloud and George Hambright, trustees of Samuel O. Offner, to Frederick A. Muhlenberg (plaintiffs’ testator), for a…
1Opinion of the CourtJustice Gobdon
From all that appears by the record before us, we cannot say that the court below erred in non-suiting the plaintiffs. As has been often ruled, the plaintiff in an action of ejectment must stand on the strength of his own title, and not on the weakness of that of his adversary. But the plaintiffs in this case showed no title; they started with the deed of Offner’s trustees to their testator, but failed to exhibit title in Offner. It is needless to say that under such a showing, without more, *634the possession of the defendant could not be disturbed, and the court was clearly right in directing a…
2Cited by2 opinions
- James v. BreamSupreme Court of Pennsylvania · 1919
- Doe v. RoeSuperior Court of Delaware · 1936