Carey v. Fairchild
Supreme Court of Pennsylvania
Error to the Common Pleas of Luzerne County to review a judgment confirming a referee’s report for the plaintiffs in an action of ejectment. The facts as found by the referee, Geo. K. Powell, Esq.,— appointed under the act of April 6, 1869, and its supplements, relating to Luzerne county — are stated in his report, which was as follows: The action is one of ejectment and involves a lot of land situate in the fourteenth ward of the city of Wilkesbarre.
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Error to the Common Pleas of Luzerne County to review a judgment confirming a referee’s report for the plaintiffs in an action of ejectment. The facts as found by the referee, Geo. K. Powell, Esq.,— appointed under the act of April 6, 1869, and its supplements, relating to Luzerne county — are stated in his report, which was as follows: The action is one of ejectment and involves a lot of land situate in the fourteenth ward of the city of Wilkesbarre. The plaintiffs made out a prima faeie case without contest, establishing the following facts, to wit: 1. John Batterton was the owner of the…
1Opinion of the Court
Opinion by
Mr. Justice Trunkby:
John Batterton and Elizabeth- Oarey on June 1, 1876, conveyed the land to Dr. J. P. Yought, vesting in him a complete title. On the same day John Fairchild loaned Vought $800, which was secured by a mortgage of the land. The administrators of Fairchild, having obtained judgment upon the mortgage and issued execution thereon, purchased the property at sheriff’s sale. They brought this action in ejectment against the persons in possession, Mrs. Carey and Dr. Vought, upon whom the writ was served, and both appealed from the award of arbitrators. More than three…
2Cases cited2 opinions
- Karns v. TannerSupreme Court of Pennsylvania · 1870
- Murray v. New York, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1883
3Cited by1 opinion
- Detwiler v. ColdrenSuperior Court of Pennsylvania · 1930