Maul v. Rider
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Jefferson county: Of October and November Term 1867, No. 128. This was an action of ejectment, brought by Frederick Maul and Mary E. bis wife (late Jacobs) in ber right, against John Rider and Philip Deitrich, for 300 acres of land in Winslow township, Jefferson county. The writ was issued July 12th 1860. At tbe trial a nonsuit was suffered as to Deitrich, who claimed 100 acres of tbe land in severalty.
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Error to tbe Court of Common Pleas of Jefferson county: Of October and November Term 1867, No. 128. This was an action of ejectment, brought by Frederick Maul and Mary E. bis wife (late Jacobs) in ber right, against John Rider and Philip Deitrich, for 300 acres of land in Winslow township, Jefferson county. The writ was issued July 12th 1860. At tbe trial a nonsuit was suffered as to Deitrich, who claimed 100 acres of tbe land in severalty. This case was tried twice before, and tbe judgment at each trial reversed by tbe Supreme Court. It is reported in 10 Wright 376 and 1 P. F. Smith 377.…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1869, by
Sharswood, J.
This cause has been in this court by writ of error twice, and is reported in 10 Wright 376 and in 1 P. F. Smith 377. The principal points of contention were settled in those cases and we see no reason to review them. They dispose of all the errors now assigned except the 3d, 5th and 6th.
It was decided that there was evidence of a fraud in Rider, from which a trust ex maleficio resulted, of which the plaintiff Mrs. Maul could avail herself, unless she was barred by the limitation provided by the 6th section of the Act of…
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