Lohrer v. Russell
Supreme Court of Pennsylvania
Appeal, No. 265, Jan. T., 1902, by defendants, from judgment of C. P. Erie Co., Feb. T., 1901, No. 221, on verdict for plaintiff in case of Christian Lohrer v. Harriet Russell and William Russell. Ejectment for land in Fairview township. Before Walling, P. J. The opinion of the Supreme Court states the case. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff. Defendant appealed.
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Appeal, No. 265, Jan. T., 1902, by defendants, from judgment of C. P. Erie Co., Feb. T., 1901, No. 221, on verdict for plaintiff in case of Christian Lohrer v. Harriet Russell and William Russell. Ejectment for land in Fairview township. Before Walling, P. J. The opinion of the Supreme Court states the case. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff. Defendant appealed. Error assigned among others was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The testimony of the defendant in this case shows that she *106and her husband borrowed $700 from the plaintiff, for which they gave him a deed for the land, and that he then at the same time and place executed and gave to them an article of agreement to reconvey.
There was but one transaction. The deed and the article of agreement were made in the office of the justice of the peace at the same time and between the same parties. Clearly the agreement was a defeasance.
Thé deed is absolute on its face, and it was duly executed and delivered. Under the act of June 8,…
2Cases cited4 opinions
- Grove v. KaseSupreme Court of Pennsylvania · 1900
- Sankey v. HawleySupreme Court of Pennsylvania · 1888
- Molly v. Ulrich, Pennsylvania Court of Common Pleas, Lebanon County1890
- Crotzer v. BittenbenderSupreme Court of Pennsylvania · 1901
3Cited by3 opinions
- English v. RossDistrict Court, M.D. Pennsylvania · 1905
- Rockhill's EstateSuperior Court of Pennsylvania · 1905
- O'Connor v. DeckerSuperior Court of Pennsylvania · 1906