Legal Opinion

Martin v. Gernandt

Supreme Court of Pennsylvania

Decided September 27, 1852PublishedCited by 2 opinions

Error to the Common Pleas of JBerlcs county. This was an ejectment to .August Term, 1840, by Edward D. Martin v. Isaac Ñalbach and John Gernandt, to recover a house and lot in Heading. Both parties claimed under Thomas Jones. Solomon Shearer obtained an award of arbitrators against Thomas Jones, on 21st January, 1831, and on appeal verdict was rendered in his favor on January 11, 1832, for $278.50. Under this judgment, the property in dispute, and other real estate was sold.

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Error to the Common Pleas of JBerlcs county. This was an ejectment to .August Term, 1840, by Edward D. Martin v. Isaac Ñalbach and John Gernandt, to recover a house and lot in Heading. Both parties claimed under Thomas Jones. Solomon Shearer obtained an award of arbitrators against Thomas Jones, on 21st January, 1831, and on appeal verdict was rendered in his favor on January 11, 1832, for $278.50. Under this judgment, the property in dispute, and other real estate was sold. The sale was made under an al. ven. ex. to November Term, 1832, and sheriff’s deed was made to Martin, the purchaser of…

1Opinion of the Court

The opinion of the Court, filed was delivered by

Gibson, J.

The first, but least difficult, question on this record, is whether the order to apply the purchase-money in Martin’s hands to his judgment, is conclusive evidence of its fairness. Among Chief Justice De Grey’s distinctions in the Duchess of Kingston’s case, 11 St. Tr. 261, which have become text-book law, we have it that the judgment either of a concurrent or an exclusive jurisdiction, is not evidence of a matter incidentally cognisable by it; or of any matter to be inferred by argument from it Starting from that as a fixed point, it…

2Cases cited2 opinions

  1. Hibshman v. DullebanSupreme Court of Pennsylvania · 1835
  2. Lessee of Davis v. KeeferSupreme Court of Pennsylvania · 1811

3Cited by2 opinions

  1. Schwan v. KellySupreme Court of Pennsylvania · 1896
  2. Lease v. EnsmingerSuperior Court of Pennsylvania · 1897

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