Kinzer v. Mitchell
Supreme Court of Pennsylvania
In error from the District Court of Lancaster county. May 12. Ejectment by George H. Kinzer against Martha Mitchell, for fifty-two acres and eighty perches of land, situated in Colerain township, Lancaster county. The parties claimed under William Kerr,, who died intestate, and seised of the land in controversy, leaving a widow and three children, Martha, the wife of James Mitchell, and two minors.
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In error from the District Court of Lancaster county. May 12. Ejectment by George H. Kinzer against Martha Mitchell, for fifty-two acres and eighty perches of land, situated in Colerain township, Lancaster county. The parties claimed under William Kerr,, who died intestate, and seised of the land in controversy, leaving a widow and three children, Martha, the wife of James Mitchell, and two minors. This cause was up in 1847, and is reported in 5 Barr, 216. The facts of the case are sufficiently stated in that report, and in the charge of Judge Hats to the jury at the late trial, which is here…
1Opinion of the CourtCoulter, J.
This cause was here before, and is reported in 5 Barr, 216; then, the defendant below was plaintiff in error; and it was determined that Martha Mitchell, one of the three children of William Kerr, deceased, might impeach the proceedings in the Orphans’ Court of Lancaster county, by which the plaintiff claimed title to be in James Mitchell, husband of said Martha, and also the judgment confessed by James Mitchell to Henry Kinzer, arid the subsequent sheriff’s sale to George Kinzer, on the ground of fraud; and was entitled to establish by competent evidence, that the proceedings in the Orphans’…
2Cases cited2 opinions
- Kaufman v. CrawfordSupreme Court of Pennsylvania · 1845
- Weeks v. HaasSupreme Court of Pennsylvania · 1842
3Cited by2 opinions
- Schock v. Solar Gas Light Co.Supreme Court of Pennsylvania · 1908
- Commonwealth v. McDermottPennylvania Municipal Court, Philadelphia County · 1928