Legal Opinion

Hoover v. Strohm

Superior Court of Pennsylvania

Decided October 10, 1910No. Appeal, No. 2PublishedCited by 4 opinions

Appeal, No. 2, March T., 1910, by plaintiff, from judgment of C. P. Dauphin Co., Sept. T., 1905, No. 467, for defendant, on case tried by the court without a jury in suit of Verdilla Hoover v. Henry L. Strohm. Ejectment for land in the village of Rockville in Susquehanna township. Before Shull, P. J., specially presiding. The case was tried by the court without a jury under the Act of April 22, 1874, P. L. 109. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 2, March T., 1910, by plaintiff, from judgment of C. P. Dauphin Co., Sept. T., 1905, No. 467, for defendant, on case tried by the court without a jury in suit of Verdilla Hoover v. Henry L. Strohm. Ejectment for land in the village of Rockville in Susquehanna township. Before Shull, P. J., specially presiding. The case was tried by the court without a jury under the Act of April 22, 1874, P. L. 109. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment for defendant on the case stated.

1Opinion of the Court

Opinion by

Head, J.,

The action was ejectment and the cause was tried before a court without a jury. From the abstracts of title filed and the evidence generally, in this respect not disputed, it appears that one Mary S. Turns was formerly the owner of the land in dispute and that both plaintiff and defendant claim under her. It further appears that perhaps as early as December, 1903, Strohm, the defendant, entered into an agreement with her for the purchase of the property for the sum of $875, making a small payment on account for which the vendor gave him an acknowledgment in writing. That he…

2Cases cited4 opinions

  1. Beegle v. WentzSupreme Court of Pennsylvania · 1867
  2. Boynton v. HouslerSupreme Court of Pennsylvania · 1873
  3. Wolford v. HerringtonSupreme Court of Pennsylvania · 1878
  4. Cowperthwaite v. First National BankSupreme Court of Pennsylvania · 1883

3Cited by4 opinions

  1. Ryan v. PlathWashington Supreme Court · 1943
  2. Kern v. SmithSupreme Court of Pennsylvania · 1927
  3. Hayward v. GreenSupreme Court of Delaware · 1952
  4. Stroud v. Kramer, Pennsylvania Court of Common Pleas, Philadelphia County1929

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