Legal Opinion

Boynton v. Housler

Supreme Court of Pennsylvania

Decided May 17, 1873PublishedCited by 6 opinions

Error to the Court of Common Pleas of Cameron county: Of January Term 1872, No. 308. This was an action of ejectment for 200 acres of land in Shippen' township; it was brought December 22d 1870, by A. H. Boynton against Elizabeth Housler and others.

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Error to the Court of Common Pleas of Cameron county: Of January Term 1872, No. 308. This was an action of ejectment for 200 acres of land in Shippen' township; it was brought December 22d 1870, by A. H. Boynton against Elizabeth Housler and others. Merrick Housler died seised of the real estate mentioned in the writ; it was sold after his death under executions against his administrators, his widow Elizabeth Housler (defendant) and children; and was sold by the sheriff to W. A. Simpson, the plaintiff, for $110, and by him sold to Boynton, the plaintiff in this ejectment. Mrs. Housler…

1Opinion of the Court

The opinion of the court was delivered, May 17th 1873, by

Mercur, J.

The plaintiff claims to recover this land under title acquired at a sheriff’s sale, when it was sold as the property of the estate of Merrick Housler, deceased. The defendant, who is the widow of Housler, made defence to a portion of land called “ The Homestead,” containing about eighteen acres. Prior to, and at the time of, the sheriff’s sale, the defendant and her minor children were in the actual possession of the whole property. She had entered into a contract to purchase it from Aden Housler, who held a deed for it…

2Cases cited2 opinions

  1. M'Culloch v. CowherSupreme Court of Pennsylvania · 1843
  2. Sheriff v. NealSupreme Court of Pennsylvania · 1837

3Cited by6 opinions

  1. Hamberg v. BarskySupreme Court of Pennsylvania · 1946
  2. Lancaster Trust Co. v. LongSupreme Court of Pennsylvania · 1908
  3. Cameron v. Townsend Et Ux.Supreme Court of Pennsylvania · 1926
  4. Allen v. SarshikSupreme Court of Pennsylvania · 1930
  5. Hoover v. StrohmSuperior Court of Pennsylvania · 1910

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