Lutz v. Matthews
Superior Court of Pennsylvania
Appeal, No. 20, Oct. T., 1907, by defendants, from judgment of C. P. Schuylkill Co., Jan. T., 1906, No. 187, on verdict for plaintiff in suit of S. O. Lutz v. Michael Matthews et al. Petition under Act of April 20, 1905, P. L. 239, to recover possession of real estate purchased at sheriff’s sale. Before Mark, J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff.
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Appeal, No. 20, Oct. T., 1907, by defendants, from judgment of C. P. Schuylkill Co., Jan. T., 1906, No. 187, on verdict for plaintiff in suit of S. O. Lutz v. Michael Matthews et al. Petition under Act of April 20, 1905, P. L. 239, to recover possession of real estate purchased at sheriff’s sale. Before Mark, J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff. Defendants appealed. Error assigned amongst others was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Rice, P. J.,
This case arose in a proceeding by a purchaser at a sheriff’s sale to obtain possession of the premises under the Act of April 20,1905, P. L. 239. The case was tried before a jury and resulted in a verdict for the plaintiff directed by the court and judgment thereon. The questions raised by the assignments of error will appear as we proceed.
In April, 1900, Benjamin Southam was the owner of the land in dispute. Being indebted to the Messrs. Mucldow'in the sum of $400 upon two promissory notes, he agreed by parol to turn over the property to them in discharge of that…
2Cases cited6 opinions
- Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
- Chalfant v. EdwardsSupreme Court of Pennsylvania · 1896
- Olinger v. ShultzSupreme Court of Pennsylvania · 1898
- Tate v. ClementSupreme Court of Pennsylvania · 1896
- Zimmerman v. BarberSupreme Court of Pennsylvania · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Com. Ex Rel. v. MatthewsSupreme Court of Pennsylvania · 1931
- Tonkin v. TonkinSuperior Court of Pennsylvania · 1953
- Knecht v. ReichardSuperior Court of Pennsylvania · 1915
- Storke v. Wayne Brewing Co.Superior Court of Pennsylvania · 1922
- Commonwealth v. Moyer, Pennsylvania Court of Common Pleas, Northampton County1947