Enyard v. Enyard
Supreme Court of Pennsylvania
Appeal, No. 124, Jan. Term, 1898, by defendant, from judgment of C. P. No. 4, Phila. County, March T., 1897, No. 118, on verdict for plaintiff. Ejectment for land in Philadelphia county. At the trial it appeared that Albert Enyard, Edward Enyard and William Enyard owned the land in controversy as tenants in common. William died on April 2, 1897. Two days after his death his widow purchased the land at a sheriff’s sale had under proceedings to collect arrears of ground rent.
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Appeal, No. 124, Jan. Term, 1898, by defendant, from judgment of C. P. No. 4, Phila. County, March T., 1897, No. 118, on verdict for plaintiff. Ejectment for land in Philadelphia county. At the trial it appeared that Albert Enyard, Edward Enyard and William Enyard owned the land in controversy as tenants in common. William died on April 2, 1897. Two days after his death his widow purchased the land at a sheriff’s sale had under proceedings to collect arrears of ground rent. Plaintiff was a son of Albert Enyard. Defendant offered to prove that there was an arrangement entered into between…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff and his uncle, William Enyard, owned by descent the real estate in question. William Enyard died in April, 1897, and two days after his death his widow, Catharine Enyard, purchased the property at sheriff’s sale had under proceedings to collect arrears of ground rent. The adverse title thus acquired she sets up to defeat the plaintiff in ejectment. It is conceded that where one is interested with another in an estate an implied obligation arises to sustain the common interest, and that he cannot acquire and set up an adverse title to deprive the other…
2Cases cited5 opinions
- Weaver v. WibleSupreme Court of Pennsylvania · 1855
- McGowan v. Bailey, Wilson & Co.Supreme Court of Pennsylvania · 1897
- Gaul v. LauerSupreme Court of Pennsylvania · 1861
- Helfrich v. WeaverSupreme Court of Pennsylvania · 1869
- Kunselman v. StineSupreme Court of Pennsylvania · 1897
3Cited by11 opinions
- Stimson v. StimsonSupreme Court of Pennsylvania · 1942
- Raker v. G. C. Murphy Co.Supreme Court of Pennsylvania · 1948
- Faust v. HecklerSupreme Court of Pennsylvania · 1948
- Peterson v. McNeelySuperior Court of Pennsylvania · 1936
- Richards v. RichardsSuperior Court of Pennsylvania · 1906
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