Legal Opinion

Soullier v. Kern

Supreme Court of Pennsylvania

Decided October 9, 1871PublishedCited by 8 opinions

Error to the District Court of Philadelphia: No. 296, to January Term 1870. This was an action of ejectment, brought January 4th 1868, by Henri Edmund Soullier and nine others, heirs at law of Jean Marie Soullier, deceased, against William H. Kern, for a lot of land on Race street, Philadelphia.

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Error to the District Court of Philadelphia: No. 296, to January Term 1870. This was an action of ejectment, brought January 4th 1868, by Henri Edmund Soullier and nine others, heirs at law of Jean Marie Soullier, deceased, against William H. Kern, for a lot of land on Race street, Philadelphia. Jean M. Soullier became the owner of the premises in 1809, and died in 1821. After his death F. A. Raybold, Esc]., as the agent for his heirs, who resided in France, leased the premises. Upon Mr. Raybold’s death W. E. Whitman, Esq., became the agent, and on the 26th of December leased to W. B. Wolfe…

1Opinion of the Court

The opinion of the court was delivered, October 9th 1871, by

Williams, J.

There was no error in refusing to charge, as requested in the plaintiffs’ first point, that if one of the joint owners of the premises, for which this action was brought, was at the time of the sheriff’s sale a minor, then the sale was invalid, and passed no title to the purchaser, and the plaintiffs are entitled to recover. It is true that the judgment on which the sale was made was a judgment in rem. But it does not follow that if the sale did not divest the title of the minor, that it did not pass the title of his…

2Cited by8 opinions

  1. Philadelphia v. Unknown OwnerSuperior Court of Pennsylvania · 1902
  2. Ferguson v. QuinnSupreme Court of Pennsylvania · 1889
  3. Philadelphia v. PeytonSuperior Court of Pennsylvania · 1904
  4. Dolph v. HandSupreme Court of Pennsylvania · 1893
  5. Easton v. Sulkin, Pennsylvania Court of Common Pleas, Northampton County1933

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