Kohler v. Kleppinger
Supreme Court of Pennsylvania
Error to the Common Pleas of Lehigh County to review a judgment for defendant in an action of trespass quare clausum fregit. Louisa Kohler became the owner of a lot of ground in the village of Whitehall, by virtue of a sheriff’s sale under a judgment recovered upon a bond, secured by a mortgage executed by Stephen Nleppinger.
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Error to the Common Pleas of Lehigh County to review a judgment for defendant in an action of trespass quare clausum fregit. Louisa Kohler became the owner of a lot of ground in the village of Whitehall, by virtue of a sheriff’s sale under a judgment recovered upon a bond, secured by a mortgage executed by Stephen Nleppinger. The question in the court below was as to whether the description in that mortgage began at a point or stone in the fence line on the public road, or at a stone in the middle of the public road. Nleppinger owned all the land immediately surrounding the mortgaged lot…
1Per curiam
It is well-settled law that on the sale of a lot bounded by a street the title passes to the center thereof if the street is not expressly or by clear implication reserved. Cox v. Freedley, 33 Pa. 124, 75 Am. Dec. 584.
By a sheriff’s sale of the lot, title coextensive therewith passed to the purchaser. Baker v. Chester Gas Co. 73 Pa. 116.
The evidence was well submitted by the court.
Judgment affirmed.
2Cases cited2 opinions
- Cox v. FreedleySupreme Court of Pennsylvania · 1859
- Baker v. Chester Gas Co.Supreme Court of Pennsylvania · 1873
3Cited by1 opinion
- Castillo v. United StatesUnited States Court of Federal Claims · 2023