Stivers v. Tucker
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF LUZERNE COUNTY. No. 64 July Term 1888, Sup. Ct.; court below, No. 202 February Term 1884, C. P. On February 6, 1884, B. F. Tucker and Stella, his wife, in her right, and Robert Shoemaker, as heirs of Susan Frederick, deceased, brought an action of ejectment against Chester B. Stivers, to recover a tract of land in Hanover township.
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ERROR TO THE COURT OF COMMON PLEAS OF LUZERNE COUNTY. No. 64 July Term 1888, Sup. Ct.; court below, No. 202 February Term 1884, C. P. On February 6, 1884, B. F. Tucker and Stella, his wife, in her right, and Robert Shoemaker, as heirs of Susan Frederick, deceased, brought an action of ejectment against Chester B. Stivers, to recover a tract of land in Hanover township. At the trial on January 18, 1888, the plaintiffs put in evidence a deed dated May 10, 1858, by Calvin Wadhams, administrator of Daniel Kreidler, to Susan Frederick, proved the death of Susan Frederick, and that the plaintiffs…
1Opinion of the Court
Pee Ctjeiam :
It is not contended that Susan Frederick ever sold or conveyed the property in dispute. It is true she signed the agreement of April 16, 1868, but in a legal sense she was not a party to it; she made no covenant and would not have been bound thereby if she had, by reason of her coverture. It was alleged, however, that she was estopped from denying the defendant’s title because she knew that possession of the land was taken in pursuance of the contract, and that the improvements were made, not only with her knowledge, but with her acquiescence. I have never yet known an instance…
2Cases cited5 opinions
- Glidden v. StruplerSupreme Court of Pennsylvania · 1866
- Innis v. TempletonSupreme Court of Pennsylvania · 1880
- Buchanan v. HazzardSupreme Court of Pennsylvania · 1880
- Davison's AppealSupreme Court of Pennsylvania · 1880
- Quinn's AppealSupreme Court of Pennsylvania · 1878
3Cited by7 opinions
- Logan v. Gardner, Pennsylvania Court of Common Pleas, Warren County1890
- Hill v. HouptSupreme Court of Pennsylvania · 1928
- BOSSES v. MAHALSKYSupreme Court of Pennsylvania · 1950
- Paul v. KunzSupreme Court of Pennsylvania · 1898
- Haines TrustSupreme Court of Pennsylvania · 1946
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