Dengler v. Kiehner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, Schuylkill county. This was an action of Ejectment instituted in name of Charles Dengler and others vs. William Kiehner. It was instituted for three acres of land, in Schuylkill Haven, Schuylkill county. Plaintiff and defendant claimed title under Jacob Dreibeldis, in whom the land was vested, in 1199, under the will of his father.
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Error to the Court of Common Pleas, Schuylkill county. This was an action of Ejectment instituted in name of Charles Dengler and others vs. William Kiehner. It was instituted for three acres of land, in Schuylkill Haven, Schuylkill county. Plaintiff and defendant claimed title under Jacob Dreibeldis, in whom the land was vested, in 1199, under the will of his father. Deed, Jacob Dreibeldis, to George Dengler, ancestor of plaintiff, for the land in dispute, dated August 11,1828, consideration $>100, plaintiffs gave evidence that George Dengler lived upon, enclosed and cultivated the land in…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
This case is simple in its elements. A judgment creditor has a right to call on a terre tenant of land, purchased by him from the debtor, while it was bound by the judgment, to shew why the debt ought not to be levied of it; and the terre tenant *41having sl^pt his time, being warned, is concluded as to every thing he might have made matter of defence to the scire facias. But the creditor must, at least, have laid a prima facie case: he must show that he, whom he calls a terre tenant, actually stood in the relation of one; else there will not…
2Cited by8 opinions
- Handel & Hayden Building & Loan Ass'n v. EllefordSupreme Court of Pennsylvania · 1917
- Cancilla v. BondySupreme Court of Pennsylvania · 1945
- Kefover v. HusteadSupreme Court of Pennsylvania · 1928
- Ellinger v. Krach (Et Al.)Superior Court of Pennsylvania · 1941
- McConnell v. Chelton Trust Co.Court of Appeals for the Third Circuit · 1922
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