Eberstein v. Philip Oswalt

The plaintiff in error, claiming title in fee to an undivided half of certain lands through a sale made by an executor, brought ejectment to recover possession thereof. The court charged the jury that under the undisputed facts, the deed under which the plaintiff claimed title was void, and that they should render a verdict in favor of the defendants. While a number of questions have been discussed in this court on the argument, yet there seems to be an insurmountable difficulty in the way of the plaintiff’s right to recover, and this will render an examination of the other questions…