Allebach v. Godshalk
Supreme Court of Pennsylvania
No. 151 January Term 1886, Sup. Ct.; Court below, No. 19 September Term, 1883, C. P. This was an action of ejectment in the court below by Jacob M. AUebach against Reiff H. Godshalk, to recover a parcel of ground at Rahn’s Heights, Perkiomen township, Montgomery county. On the trial the plaintiff proved title in himself and rested.
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No. 151 January Term 1886, Sup. Ct.; Court below, No. 19 September Term, 1883, C. P. This was an action of ejectment in the court below by Jacob M. AUebach against Reiff H. Godshalk, to recover a parcel of ground at Rahn’s Heights, Perkiomen township, Montgomery county. On the trial the plaintiff proved title in himself and rested. The defendant filed a disclaimer of all land claimed in the writ except lot No. 42 in the plan of Rahn’s Heights, and proved an article of agreement, under seal dated October 25, 1875, between Jacob M. Allebaeh of the one part and about sixty-six other persons…
1Opinion of the Court
Opinion,
Mr. Justice Gordon :
The defence, in the case before us, is of a very flimsy and unsubstantial kind; an alleged parol sale with nothing to deliver it from the grasp of the statute of frauds and perjuries. Godshalk’s claim to the lot described in the writ had its origin in the lottery contract of the 25th of October, 1875, and was, of course, void under the act of March 31, 1860. Martin Kulp had drawn at the lottery lot No. 42, the one in controversy, and the defendant No. 38. They agreed to exchange and to this arrangement, it is said, the plaintiff assented. It is further alleged that…
2Cited by1 opinion
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