Deitzler v. Mishler
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Lancaster county. Tbis was an action of ejectment brought by Benjamin Mishler and Emanuel Shober against Melchior Deitzler, John Shaeffer, David Hostetter, John Hostetter, Daniel Brandt, and William Gleim, to recover the one undivided sixth part of twelve hundred acres of land in Elizabeth township, Lancaster county.
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Error to tbe Common Pleas of Lancaster county. Tbis was an action of ejectment brought by Benjamin Mishler and Emanuel Shober against Melchior Deitzler, John Shaeffer, David Hostetter, John Hostetter, Daniel Brandt, and William Gleim, to recover the one undivided sixth part of twelve hundred acres of land in Elizabeth township, Lancaster county. The plaintiffs claimed title under a sheriff’s deed to them of the interest of one Dr. J. H. Kurtz in the said property, and in support of their claim offered the following evidence:— 1. Deed from Coleman and wife to John Shaeffer, dated November 12,…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
— The plaintiffs must have recovered below, either on the ground of an express trust in favour of Dr. Kurtz, or on an implied or resulting trust arising out of a supposed payment of purchase-money: for the legal title was in the defendants, and would necessarily prevail, unless overcome by a well-defined and overpowering equity.
The plaintiffs gave in evidence what they claimed to be an express trust, executed by Shaeffer, the holder of the legal title, and which, unimpeached and unexplained, would have had a decisive effect. To meet this,…
2Cases cited1 opinion
- Lessee of Frazer v. HallowellSupreme Court of Pennsylvania · 1805
3Cited by2 opinions
- Witman v. Webner, (No. 1)Superior Court of Pennsylvania · 1932
- In re Merion Title & Trust Co., Pennsylvania Court of Common Pleas, Montgomery County1935