Legal Opinion

Ott v. Kreiter

Supreme Court of Pennsylvania

Decided October 5, 1885PublishedCited by 4 opinions

Error to the Court of Common Pleas of Dauphin county: Of May Term 1885, No. 3. Ejectment by Fred. M. Ott against J. Monroe Kreiter to recover a small plot of ground in the city of Harrisburg, described in the writ as follows: Beginning at a point on the corner of Herr street and the old Millerstown turnpike or Second street, one hundred and fifty feet in a westernly direction from Smith alley, thence along the line of old Second street and the line of land owned by J. M.…

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Error to the Court of Common Pleas of Dauphin county: Of May Term 1885, No. 3. Ejectment by Fred. M. Ott against J. Monroe Kreiter to recover a small plot of ground in the city of Harrisburg, described in the writ as follows: Beginning at a point on the corner of Herr street and the old Millerstown turnpike or Second street, one hundred and fifty feet in a westernly direction from Smith alley, thence along the line of old Second street and the line of land owned by J. M. Kreiter in a southeasternly direction sixty feet to a point on lot late of Malvina Ingram, thence along said lot in a…

1Opinion of the CourtJustice Gokdon

As both plaintiff and defendant claim title to the land in controversy from A. C. Smith, as their common grantor, we have but to consider the effect of the conveyance to Kreiter, of the 12th of August, 1881. For, as the learned judge of the court below well said, if Smith, at that time, conveyed the disputed strip of land to the defendant, he had nothing which he could afterwards convey to Gilbert or any one else. There is no dispute about the fact that the deed of Wiestling and wife, of the 15th of February, 1867, vested in Smith the land in suit, though, in fact, the description as found in…

2Cases cited2 opinions

  1. Union Burial Ground Society v. RobinsonSupreme Court of Pennsylvania · 1839
  2. Van Meter v. HankinsonSupreme Court of Pennsylvania · 1841

3Cited by4 opinions

  1. Safe Deposit & Trust Co. v. Bovaird & Seyfang Manufacturing Co.Supreme Court of Pennsylvania · 1910
  2. Clymer v. RobertsSupreme Court of Pennsylvania · 1908
  3. Herbert v. RaineyU.S. Circuit Court for the District of Western Pennsylvania · 1892
  4. Rialto Building & Loan Ass'n v. Commonwealth Title Co.Supreme Court of Pennsylvania · 1937

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