Fehley v. Barr
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Jefferson county: Of October and November Term 1870: No. 74. This was an action of ejectment, by John S. Barr against William Fehley, brought February 8th 1869, for a lot of land in Winslow township.
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Error to the Court of Common Pleas of Jefferson county: Of October and November Term 1870: No. 74. This was an action of ejectment, by John S. Barr against William Fehley, brought February 8th 1869, for a lot of land in Winslow township. The cause was tried February 22d 1870, before Campbell, P. J. The plaintiff proved the title of the land in one W. S. Green, August 22d 1865, and a judgment entered against him December 8th for $100, in favor of Thomas Montgomery, for part of the purchase-money. He also gave in evidence sheriff’s sale to him of the lot under the judgment on the 8th of May…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Sharswood, J.
— The first assignment of error is that the court below erred in admitting the testimony of P. A. Stockdale that he told Fehley before he bought, that Barr had a claim to the land for which the ejectment was brought. If the object of this evidence had been to prove that Fehley had notice of Barr’s title so as to affect him as a purchaser for valuable consideration, it would clearly be open to exception as coming from an entire stranger, to whom Fehley was bound to give no attention nor credit: Kerns v. Swope, 2 Watts 75;…
2Cases cited2 opinions
- Kerns v. SwopeSupreme Court of Pennsylvania · 1833
- Miller v. CressonSupreme Court of Pennsylvania · 1843
3Cited by2 opinions
- Kibbe v. ScholesSupreme Court of Alabama · 1929
- Clarence Huffman Motor Co. v. Hess, Pennsylvania Court of Common Pleas, Greene County1927