Lauer v. Lee
Supreme Court of Pennsylvania
Error to the Common Pleas of Schuylkill county. This was an action of ejectment, brought March 16th 1858, by George Lauer against Charles Lee, for' “ a lot of ground situate in the town of Ashland, Butler township, Schuylkill county, marked in the town plot as number twenty-one, and situate on the south-western corner of Second and Centre streets, containing twenty-five feet in front and one hundred and t-wenty-five feet in depth, with the buildings and appurtenances.”
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Error to the Common Pleas of Schuylkill county. This was an action of ejectment, brought March 16th 1858, by George Lauer against Charles Lee, for' “ a lot of ground situate in the town of Ashland, Butler township, Schuylkill county, marked in the town plot as number twenty-one, and situate on the south-western corner of Second and Centre streets, containing twenty-five feet in front and one hundred and t-wenty-five feet in depth, with the buildings and appurtenances.” The plaintiff claimed title through Isaac Burkhard, and gave in evidence a deed from him, dated July 10th 1854, for the…
1Opinion of the Court
The opinion of the court was delivered, March 17th 1862, by
Thompson, J.
The court below was of opinion,- and so charged, that the evidence clearly established the fact of a parol sale of the lot and tenement for Avhich the ejectment Avas brought by the plaintiff to the defendant, for the sum of $750, followed by possession in pursuance of the agreement, valuable improvements made, and part payment of the purchase-money by the *171latter. Undoubtedly I think the evidence, if believed, indicated this as the character of the transaction, rather than a case of resulting trust or a mortgage. It was…
2Cases cited6 opinions
- Love v. JonesSupreme Court of Pennsylvania · 1835
- Boyce v. M'CullochSupreme Court of Pennsylvania · 1842
- Goucher v. MartinSupreme Court of Pennsylvania · 1839
- Markley v. SwartzlanderSupreme Court of Pennsylvania · 1844
- Smith v. WebsterSupreme Court of Pennsylvania · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Allardice v. McCainSupreme Court of Pennsylvania · 1953
- Eberz v. HeislerSuperior Court of Pennsylvania · 1900
- Gaido v. TysdalWyoming Supreme Court · 1951
- Brownfield's Executors v. BrownfieldSupreme Court of Pennsylvania · 1892
- Plank v. SchifterDistrict Court, E.D. Pennsylvania · 1949
2 more not listed; retrieve them via the Exa API.