Oram v. Rothermel
Supreme Court of Pennsylvania
June 9th 1881. Before Sharswood, C. J., Mercur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas of Northumberland county: Of May Term 1880, No. 78. Ejectment, by Joseph 3L Maurer against John B. Douty, Thomas Baumgardner and William II. Douty, for a certain colliery known as the “ Benjamin Franklin Colliery.” The writ was issued November 4th 1873. On November 20th 1873, the death of defendant, John B. Douty, was suggested.
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June 9th 1881. Before Sharswood, C. J., Mercur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas of Northumberland county: Of May Term 1880, No. 78. Ejectment, by Joseph 3L Maurer against John B. Douty, Thomas Baumgardner and William II. Douty, for a certain colliery known as the “ Benjamin Franklin Colliery.” The writ was issued November 4th 1873. On November 20th 1873, the death of defendant, John B. Douty, was suggested. On April 2d 1878, the death of plaintiff, Maurer, was suggested, and his administrators, Samuel II. liothermel and Aaron W. Maurer…
1Opinion of the CourtJustice Paxson
The first assignment of error is sustained. The issue trying was whether the title of the defendants below, acquired by means of a sheriff’s sale, was fraudulent and void as to the defendant in the execution, and his creditors, by reason of certain 'acts and declarations of the defendants, at the time of the sale. The property in dispute, and for which this ejectment was brought in the court below, was a leasehold known as the “Benjamin Franklin Colliery,” situated in Northumberland county. The offer was to show, by the record of a judgment in Schuylkill county, what the defendants’ real and…
2Cases cited1 opinion
- Smull v. JonesSupreme Court of Pennsylvania · 1841
3Cited by3 opinions
- White v. LongSupreme Court of Pennsylvania · 1927
- Turner v. HugginsTennessee Supreme Court · 1914
- Woodruff v. WarnerSupreme Court of Pennsylvania · 1896