Peters v. Florence
Supreme Court of Pennsylvania
Certificate from Nisi Prius. This was an action of ejectment, brought March 1st 1859, by Benjamin Peters, Sarah Peters, Matilda Carothers, Joseph A. Maybin, and Daniel Oldenbergh, heirs at law of Frances Eliza Peters, against Thomas B. Florence, tenant, Anna M. Lewis, Margaretta Lewis, Richard Wistar, Jr., W. Lewis Wistar, Rachel Wistar, Fannie Scott, late Wistar, and Sarah Hopkinson, late Wistar, heirs of Wharton Lewis, deceased, for a house and lot in Third street, on the…
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Certificate from Nisi Prius. This was an action of ejectment, brought March 1st 1859, by Benjamin Peters, Sarah Peters, Matilda Carothers, Joseph A. Maybin, and Daniel Oldenbergh, heirs at law of Frances Eliza Peters, against Thomas B. Florence, tenant, Anna M. Lewis, Margaretta Lewis, Richard Wistar, Jr., W. Lewis Wistar, Rachel Wistar, Fannie Scott, late Wistar, and Sarah Hopkinson, late Wistar, heirs of Wharton Lewis, deceased, for a house and lot in Third street, on the corner of Springer Lane, between Lombard and South streets, in the city of Philadelphia. On the 12th of April 1805, the…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
— The legal title to the lot in controversy is confessedly in the plaintiffs. If the defendants have any right to retain possession, it is because there is some equity in them, arising out of the payment of the mortgage to Mrs. Lawerswyler by Wharton Lewis during the continuance of his life estate. Taking then the facts as the case presents them, that Mr. Lewis was the executor of the will of his wife, as well as tenant for life of the lot of ground, that after his wife’s death, he as executor paid the principal and interest of the mortgage,…
2Cases cited1 opinion
- Hunt v. RhodesSupreme Court of the United States · 1828
3Cited by6 opinions
- Norris v. CroweSupreme Court of Pennsylvania · 1903
- Wilson v. OttSupreme Court of Pennsylvania · 1896
- Price v. ShultzSuperior Court of Pennsylvania · 1924
- Commonwealth v. GouldSuperior Court of Pennsylvania · 1912
- First National Bank v. Crawford, Pennsylvania Court of Common Pleas, Blair County1926
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