Ontelaunee Orchards, Inc. v. Rothermel

Opinion by Cunningham, J.,

The material facts in this action of ejectment are not in dispute and may be summarized as follows:

Jacob Stoudt, the common source of title, died in 1853 seized of a tract of land containing over three hundred acres, including the twenty-five perches here in dispute, located in Bern Township, Berks County. By his will he devised the entire tract to his son, John Stoudt. Our Supreme Court in Urich et ux. v. Merkel, 2 W. N. C. 550, (1876), and Urich’s Appeal, Stoudt’s Estate, 86 Pa. 386, (1878), held that, although the devise was to John Stoudt and his heirs, other…