Boyertown National Bank v. Hartman
Supreme Court of Pennsylvania
Appeal, No. 152, Jan. T., 1892, by defendants, John B. Hartman and wife, from judgment of C. P. Berks Co., March T., 1891, No. 79, on verdict for plaintiff.
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Appeal, No. 152, Jan. T., 1892, by defendants, John B. Hartman and wife, from judgment of C. P. Berks Co., March T., 1891, No. 79, on verdict for plaintiff. Proceedings to recover possession of real estate by sheriff’s vendee under act of June 16, 1836. At the trial before Endlich, J., the defendants claimed that a deed executed on April 4, 1878, to John B.-Hartman* the defendant in the execution under which the land was sold, should have been executed to John B. Hartman and Susan his wife, jointly, as tenants by entireties. One witness testified that instructions had been given to the…
1Opinion of the Court
Opinion by
Mb,. Justice Stebbett,
In October, 1890, the land in controversy was sold as the property of the defendant, John Hartman, and duly conveyed *560by the sheriff to the plaintiff. For the purpose of showing title in said Hartman, at time of sale, plaintiff gave in evidence deed of Jacob Bahr and wife, dated April 4, 1878. It is conceded that if John Hartman was sole vendee in fee under that conveyance, plaintiff was entitled to recover. It appears, however, from an inspection of the deed, that John Hartman and Súsan, his wife, are named as parties of the second part thereto ; but, in all…
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