Culler v. Motzer
Supreme Court of Pennsylvania
IN ERROR. Debt on bond, brought in the Court of Common Pleas of Perry county, to which this writ of error issued, by Daniel Motzer, the defendant in error, and plaintiff below, against Jacob Culler, Henry Shoemaker, and George Brown, plaintiffs in error, and defendants below, and issue on the plea of. payment. The bond was given for the purchase money of a tract of land, conveyed by Motzer to Culler, with covenants of warranty.
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IN ERROR. Debt on bond, brought in the Court of Common Pleas of Perry county, to which this writ of error issued, by Daniel Motzer, the defendant in error, and plaintiff below, against Jacob Culler, Henry Shoemaker, and George Brown, plaintiffs in error, and defendants below, and issue on the plea of. payment. The bond was given for the purchase money of a tract of land, conveyed by Motzer to Culler, with covenants of warranty. The defence was, a defect of title, and an outstanding claim of dower. The title originated in an improvement, made by John Brown, who, in 1775, devised one half of it…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J,
(after stating the facts.) On this statement of facts, James’s right, it is contended, was barred by the statute of limitations. The court decided, that the statute operated against a tenant in common, if his co-tenant has sold the whole, and possession has beeen taken of the whole, and held adversely to him for twenty-one years, in pursuance of such sale. The possession here was for twenty-five years, in denial of the right of the other; for the sale of the whole, and the possession under such sale, would amount to an ouster. The purchaser…
2Cases cited1 opinion
- Penrose v. GriffithSupreme Court of Pennsylvania · 1811
3Cited by9 opinions
- Law v. PattersonSupreme Court of Pennsylvania · 1841
- Town v. NeedhamNew York Court of Chancery · 1831
- Wright v. SperryWisconsin Supreme Court · 1867
- Coates v. RobertsSupreme Court of Pennsylvania · 1833
- Smith v. KingsleySupreme Court of Pennsylvania · 1938
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