Kunkle v. Wolfersberger
Supreme Court of Pennsylvania
ERROR to Dauphin county. This was an action of ejectment by Philip Wolfersberger against Benjamin Kunkle, Abraham M'Neal, and Francis Laur, to recover a house and lot in Portsmouth. Each party claimed under the same original title admitted to have been in Henry Smith.
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ERROR to Dauphin county. This was an action of ejectment by Philip Wolfersberger against Benjamin Kunkle, Abraham M'Neal, and Francis Laur, to recover a house and lot in Portsmouth. Each party claimed under the same original title admitted to have been in Henry Smith. The plaintiff gave in evidence a deed from Henry Smith to Michael Albright, dated the 6th of August 1833, for the consideration of400 dollars, a judgment of Philip Wolfersberger against Michael Albright, entered the 6th of April 1835, upon which executions were issued, and the property sold to the plaintiff, who received the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
A formal conveyance may certainly be shown to be a mortgage by extrinsic proof, while a formal mortgage may not be shown to be a conditional sale by the same means. In the one case, the proof raises an equity consistent with the writing, and in the other would contradict it; which seems to be the principle of Woods v. Colwell, 3 Watts 188. Was the quality of the evidence unexceptionable in other respects ? Betwixt the grantor and the grantee, the admissions of the latter would be clearly competent; and though the offer was not restricted…
2Cases cited1 opinion
- Colwell v. WoodsSupreme Court of Pennsylvania · 1834
3Cited by14 opinions
- Ruffier v. WomackTexas Supreme Court · 1867
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- McNeil v. JordanSupreme Court of Kansas · 1882
- Helmbold v. ManSupreme Court of Pennsylvania · 1839
- Reitenbaugh v. LudwickSupreme Court of Pennsylvania · 1858
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