Follweiler v. Lutz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: Of January Term, 1886. Ejectment by Jesse Follweiler and wife against Michael Lutz and wife and Amandes Shellhammer, a tenant in possession under Lutz and wife. The following facts appeared on the trial of the case before Albright, P. J.: The land in controversy is a tract of about four acres in Lynn township, Lehigh county, the'northern boundary of the tract being the county line between Lehigh and Schuylkill counties.
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Error to the Court of Common Pleas of Lehigh county: Of January Term, 1886. Ejectment by Jesse Follweiler and wife against Michael Lutz and wife and Amandes Shellhammer, a tenant in possession under Lutz and wife. The following facts appeared on the trial of the case before Albright, P. J.: The land in controversy is a tract of about four acres in Lynn township, Lehigh county, the'northern boundary of the tract being the county line between Lehigh and Schuylkill counties. The plaintiffs claimed title as follows: On October 27th, 1879, Jesse Follweiler obtained judgment in the Common Pleas of…
1Opinion of the Court
The opinion of the court was delivered March 1st, 1886.
2Per curiam
Residence is determined by a consideration of acts and intention combined: Hindman’s Appeal, 85 Pa. St., 466. The evidence shows that the line of separation between the two counties passes through the house occupied by the person who made the voluntary assignment. This fact created doubt as to the county in which he actually resided. Evidence was therefore admissible to show by his acts, declarations and intentions in which county he elected to fix and maintain his residence. The evidence given to establish it was sufficient to submit to…
3Cited by3 opinions
- Price v. PriceSupreme Court of Pennsylvania · 1893
- Wheeler, County Tax Commissioner v. BurgessCourt of Appeals of Kentucky (pre-1976) · 1936
- Blaine v. MurphyDistrict Court, D. Massachusetts · 1920