Legal Opinion

Beringer v. Lutz

Supreme Court of Pennsylvania

Decided January 4, 1897No. Appeal, No. 236PublishedCited by 7 opinions

Appeal, No. 236, Oct. T., 1895, by defendants, from judgment of C. P. Venango Co., April T., 1892, No. 68, on verdict for plaintiff. Transcript of proceedings before a justice of the peace for the possession of a tract of land purchased by plaintiff at sheriff’s sale, and declaration in ejectment under the act of June 16, 1836. Before Taylor, P. J. The facts appear by the charge of the court and the opinion of the Supreme Court.

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Appeal, No. 236, Oct. T., 1895, by defendants, from judgment of C. P. Venango Co., April T., 1892, No. 68, on verdict for plaintiff. Transcript of proceedings before a justice of the peace for the possession of a tract of land purchased by plaintiff at sheriff’s sale, and declaration in ejectment under the act of June 16, 1836. Before Taylor, P. J. The facts appear by the charge of the court and the opinion of the Supreme Court. The court charged in part as follows : Daniel Lutz, one of the defendants in this action, had a deed upon record for about one hundred acres of land in Clinton…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

■ The questions raised by the several assignments of error will be readily comprehended after a glance at the facts out of which they grow. The plaintiff is a purchaser at sheriff’s sale of a farm sold as the property of Daniel Lutz. This proceeding was instituted by the purchaser for the purpose of obtaining possession. The defendant in the judgment concedes that such title as he had has passed by the sheriff’s sale to the purchaser, but alleges that as to about twenty twenty-ninths of the title he held for the use of Ms wife, Henrietta Lutz, under a trust…

2Cases cited2 opinions

  1. Gilchrist v. BrownSupreme Court of Pennsylvania · 1895
  2. Nixon's AppealSupreme Court of Pennsylvania · 1870

3Cited by7 opinions

  1. Policarpo v. PolicarpoSupreme Court of Pennsylvania · 1963
  2. Woodward & Williamson's AssessmentSupreme Court of Pennsylvania · 1922
  3. Bisceglia v. BiscegliaSupreme Court of Pennsylvania · 1940
  4. Sheritt & Stoer Co. v. Roberts Engineering Co.Superior Court of Pennsylvania · 1919
  5. Clark's EstateSupreme Court of Pennsylvania · 1911

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