Allebach v. Hunsicker
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 161 July Term 1889, Sup. Ct.; court below, No. 143 March Term 1888, C. P. On March 16, 1888, Jacob M. Allebach brought ejectment against Philip M. Hunsicker, to recover a certain portion of a tract of 36 acres. Issue.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 161 July Term 1889, Sup. Ct.; court below, No. 143 March Term 1888, C. P. On March 16, 1888, Jacob M. Allebach brought ejectment against Philip M. Hunsicker, to recover a certain portion of a tract of 36 acres. Issue. At the trial on June 11, 1889, the plaintiff proved title in himself for thirty-six acres known as the Rahn Farm, by deeds dated April 7, 1869, and December 20,1875, the possession of the parcel in dispute, a part of the thirty-six acre tract, by the defendant, and rested. The defendant then put in…
1Opinion of the Court
Per Curiam :
This was an attempt by the plaintiff to set up his own turpitude to defeat his own deed. If the law sanctions this, we would be ashamed to sit here and administer it. Fortunately it does not. The deed upon its face was a valid instrument. The plaintiff could only avoid it by offering to prove the illegal consideration, viz., the lottery scheme, in which he was a participant, and by means of which he was enabled to sell this and a number of other lots. This evidence the court below properly rejected. Granted that under the act of March 31, 1860, the deed was void, it was not so…
2Cases cited3 opinions
- Evans v. DravoSupreme Court of Pennsylvania · 1854
- Hershey v. WeitingSupreme Court of Pennsylvania · 1865
- Winton v. FreemanSupreme Court of Pennsylvania · 1883
3Cited by1 opinion
- Campbell v. BeamanSuperior Court of Pennsylvania · 1917