Kegerreis v. Lutz
Supreme Court of Pennsylvania
Appeal, No. 98, Jan. T.,. 1898, by plaintiff, from judgment of C. P. Lancaster Co., Aug. T., 1896, No. 71, on verdict for defendant. Ejectment for several tracts of land. Before Livingston, P. J. At the trial it appeared that the land in question consisted of five single lots which the defendant had bought at the sale of the assignee for the benefit of creditors of Henry Kegerreis, plaintiff’s husband. Plaintiff gave notice at the sale of her claim, under a resulting trust.
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Appeal, No. 98, Jan. T.,. 1898, by plaintiff, from judgment of C. P. Lancaster Co., Aug. T., 1896, No. 71, on verdict for defendant. Ejectment for several tracts of land. Before Livingston, P. J. At the trial it appeared that the land in question consisted of five single lots which the defendant had bought at the sale of the assignee for the benefit of creditors of Henry Kegerreis, plaintiff’s husband. Plaintiff gave notice at the sale of her claim, under a resulting trust. The evidence of plaintiff’s claim is summarized-in the- opinion of the Supreme Court. When Henry Kegerreis, plaintiff’s…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
In this action of ejectment the plaintiff assumed the burden of proving title to the property in controversy by setting up a resulting trust arising from the payment of the purchase money with her own funds. On the other hand, the defendant claimed under a sale and conveyance by the assignees for the benefit of creditors of the plaintiff’s husband, at which sale notice was given by plaintiff of her claim as equitable owner.
As to the homestead tract, known as “No. 1,” the learned trial judge gave binding instructions in favor of the defendant; but, as to…
2Cases cited1 opinion
- Gilchrist v. BrownSupreme Court of Pennsylvania · 1895