Legal Opinion

Eshleman v. Lewis

Supreme Court of Pennsylvania

Decided January 29, 1865PublishedCited by 2 opinions

Error to the District Court of Philadelphia. This was an action of ejectment, by Eanny Eshleman against Ellis Lewis, brought to recover possession of a lot of ground at the north-east corner of Arch and Sixty-third streets, Philadelphia. The plea was “not guilty.”

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Error to the District Court of Philadelphia. This was an action of ejectment, by Eanny Eshleman against Ellis Lewis, brought to recover possession of a lot of ground at the north-east corner of Arch and Sixty-third streets, Philadelphia. The plea was “not guilty.” The facts of the case were these: — In 1858, a corporation known as the Associated Butchers and Drovers of Philadelphia, gave their bond to Joseph Potts for $10,000, and a mortgage to secure the same on four lots of ground in the Twenty-fourth Ward, of which the lot in suit is one: Potts soon after assigned these securities to Fanny…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

Fanny Eshleman was the equitable owner of a bond and mortgage against the Butchers’ and Drovers’ Association, which she put into the hands of Jeremiah Bonsall, as her agent, to collect. He employed Charles E. Lex, Esq., to prosecute the claim, who entered up judgment on the bond under which the premises in question, with other property, were sold at sheriff’s sale to Waldron J. Cheyney, and conveyed to him by deed dated March 9th 1861. Cheyney bought for Jeremiah Bonsall, paid no money, and makes no claim for himself.' The bid for the whole…

2Cases cited4 opinions

  1. Price v. McDonaldCourt of Appeals of Maryland · 1851
  2. Galbraith v. ElderSupreme Court of Pennsylvania · 1839
  3. Cleavinger v. ReimarSupreme Court of Pennsylvania · 1841
  4. Downey v. GerrardSupreme Court of Pennsylvania · 1857

3Cited by2 opinions

  1. Western Flour Co. v. AlosiSuperior Court of Pennsylvania · 1970
  2. Hemminger v. Leidigh, Pennsylvania Court of Common Pleas, Cumberland County1934

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