Legal Opinion

Hoffman v. Strohecker

Supreme Court of Pennsylvania

Decided May 15, 1838PublishedCited by 8 opinions

ERROR to the common pleas of Berks county. Jacob Hoffman against Peter Strohecker. This was an action of ejectment for fifty-one acres of land, in which each party claimed under (he same original title, admitted to have been in John Garber.

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ERROR to the common pleas of Berks county. Jacob Hoffman against Peter Strohecker. This was an action of ejectment for fifty-one acres of land, in which each party claimed under (he same original title, admitted to have been in John Garber. After the death of John Garber intestate, upon the petition of John Garber, his eldest son and heir at law, there was a proceeding in partition, by which the land in dispute was vested in the said John Garber the son, on the 6th August 1819, he having entered into recognizances for the payment of the shares of the other heirs. On the 10th of July 1835, a…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

This case was put entirely on the special award of the fieri facias. The court charged the jury that the award of the alias fieri facias legalizes' it, and that for that reason it will support the sheriff’s sale in the lands of the defendant, who purchksed on the faith of the order. It is unnecessary to decide on the propriety of the abstract proposition, as to the person who procured the award, and was perfectly aware of all the facts, as this case does not call for the decision of the point. The 7th April 1823, the court granted a rule to…

2Cases cited5 opinions

  1. Gilbert v. HoffmanSupreme Court of Pennsylvania · 1833
  2. Fetterman v. MurphySupreme Court of Pennsylvania · 1835
  3. Lewis v. PalmerNew York Supreme Court · 1831
  4. Price v. JunkinSupreme Court of Pennsylvania · 1835
  5. M'Kennan v. PrySupreme Court of Pennsylvania · 1837

3Cited by8 opinions

  1. Shields v. MiltenbergerSupreme Court of Pennsylvania · 1850
  2. Best v. Galloway (In Re Best)United States Bankruptcy Court, E.D. Pennsylvania · 2009
  3. Taylor v. Mississippi MillsSupreme Court of Arkansas · 1886
  4. Beegle v. WentzSupreme Court of Pennsylvania · 1867
  5. Caldwell v. WaltersSupreme Court of Pennsylvania · 1851

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