McKean & Elk Land & Imp. Co. v. Clay
Supreme Court of Pennsylvania
Appeal, No. 17, July T., 1892, by plaintiff,-from judgment of C. P. Elk Co., May T., 1887, No. 19, on verdict for defendants, Harry G. Clay et al. Ejectment.
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Appeal, No. 17, July T., 1892, by plaintiff,-from judgment of C. P. Elk Co., May T., 1887, No. 19, on verdict for defendants, Harry G. Clay et al. Ejectment. The facts appear by the following opinion of the court below discharging rule for new trial, by Mayer, P. J.: “ This was an action of ejectment brought by the plaintiff, ‘ The McKean and Elk Land, and Improvement Company,’ against the defendants, William Hacker and Henry G. Clay, to recover possession of certain tracts of unseated land situate in Jones township, in the county of Elk. It was admitted on the trial that the legal title to…
1Opinion of the Court
Per Curiam,
This case, although elaborately argued, both in the paper books and at bar, does not require an extended discussion. The-appellant contends that the purchases of the real estate by General Kane, at the tax and sheriff’s sales, in 1874, were void, for the reason that, at the time, he was agent of the plaintiff corporation, and that his purchases, because of the agency, were-fraudulent, and therefore void.
The answer to this on the part of the defendants was, that the evidence did not show him to be such agent; that had he been an agent, intending to commit a fraudulent breach of…
2Cited by5 opinions
- Proctor v. Sagamore Big Game ClubCourt of Appeals for the Third Circuit · 1959
- Gast v. EngelSupreme Court of Pennsylvania · 1952
- Reynolds v. CallenderSuperior Court of Pennsylvania · 1902
- Trustees of the Proprietors v. Kingston Coal Co.Supreme Court of Pennsylvania · 1919
- Proctor v. Sagamore Big Game ClubCourt of Appeals for the Third Circuit · 1959