Gilbert v. Hoffman
Supreme Court of Pennsylvania
APPEAL from the circuit court of Mams county. Ejectment for two hundred and twenty acres of land by Daniel Gilbert against Barnhart Hoffman. Leonard Gilbert died seised of the land in dispute, having by his will devised it to his son Daniel Gilbert, the plaintiff in this suit. Upon a judgment against Leonard Gilbert’s executors, the land was levied and sold by the sheriff to Barnhart Hoffman the defendant, who received a deed therefor.
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APPEAL from the circuit court of Mams county. Ejectment for two hundred and twenty acres of land by Daniel Gilbert against Barnhart Hoffman. Leonard Gilbert died seised of the land in dispute, having by his will devised it to his son Daniel Gilbert, the plaintiff in this suit. Upon a judgment against Leonard Gilbert’s executors, the land was levied and sold by the sheriff to Barnhart Hoffman the defendant, who received a deed therefor. On the trial of the cause, the plaintiff alleged that Hoffman, previously and at the time of the sheriff’s sale, had fraudulently misrepresented the quality…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
Daniel Gilbert, who was the devisee of Leonard Gilbert, brought an action of ejectment to recover the premises in question. It is admitted that the property belonged to Leonard Gilbert, that Leonard died indebted, and that the land was sold on a judgment against his executors. The defendant purchased the property for 2066 dollars at the sheriff’s sale, and on the 26th of August 1825 the sheriff acknowledged a deed to him for the premises.
The plaintiff charged the defendant with fraud, and the question is, admitting the fact, can the plaintiff…
2Cases cited1 opinion
- Riddle v. MurphySupreme Court of Pennsylvania · 1821
3Cited by25 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Adams v. YoungMassachusetts Supreme Judicial Court · 1909
- Christy v. SillSupreme Court of Pennsylvania · 1880
- Manufacturers National Bank v. Simon Manufacturing Co.Massachusetts Supreme Judicial Court · 1919
- Shields v. MiltenbergerSupreme Court of Pennsylvania · 1850
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