Kellerman v. Miller
Superior Court of Pennsylvania
Appeal, No. 151, April T., 1897, by J. H. Miller, one of defendants, from judgment of C. P. Butler Co., May T., 1896, No. 48, on verdict for plaintiff. Ejectment. Before Barker, P. J., of the 47th judicial district specially presiding.
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Appeal, No. 151, April T., 1897, by J. H. Miller, one of defendants, from judgment of C. P. Butler Co., May T., 1896, No. 48, on verdict for plaintiff. Ejectment. Before Barker, P. J., of the 47th judicial district specially presiding. The facts sufficiently appear in • the following opinion by Barker, P. J., on the question of law reserved: The plaintiff in above case claims title in an undivided one fourth interest in two lots of ground in the borough of Butler, being lots numbered 43 and 44, in the general plan of said borough. The defendants disclaim title as to an undivided one ninth…
1Opinion of the Court
Opinion bx
Orlady, J.,
On September 17, 1847, Oliver David contracted in writing to sell and convey two lots of ground in the borough of Butler in consideration of $847.32, to George Miller, in trust for John Miller, Joseph Miller, and Harvey Miller, his sons. Possession was taken under the contract by George Miller and the purchase money (except $381.42) was paid by him to Oliver David, who died without making a deed for the premises. On January 18, 1872, James Campbell administrator of Oliver David, presented his petition to the orphans’ court for specific performance of this contract, and a…
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