Legal Opinion

Armington v. Rau

Supreme Court of Pennsylvania

Decided April 17, 1882PublishedCited by 8 opinions

Error to the Court of Common Pleas No. 4, of Philadelphia county: Of January Term 1882, No. 163. Ejectment, by John M. Armington et al. against Peter Ran, defendant, and Frederieka Ivnoell, Christopher ICnoell and Charles Emoell, intervening defendants, for a house and lot of ground in the city of Philadelphia. Plea “ not guilty.”

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Error to the Court of Common Pleas No. 4, of Philadelphia county: Of January Term 1882, No. 163. Ejectment, by John M. Armington et al. against Peter Ran, defendant, and Frederieka Ivnoell, Christopher ICnoell and Charles Emoell, intervening defendants, for a house and lot of ground in the city of Philadelphia. Plea “ not guilty.” Upon the trial, before Briggs, J., the plaintiffs submitted a brief showing the following facts, which were admitted: — On April 2d 1847 John Malin recovered a judgment against John F. Armington which became a lien on the premises in question, then owned by…

1Opinion of the CourtJustice Trunkey

In 1857 John F. Armington gave the lot in controversy to his wife and the deeds were recorded on the 22d of January, 1852. Both Armington and his wife died before the beginning of this suit, and their children are the plaintiffs.

Malin’s judgment was entered in 1817, when Armington owned the lot, and revived April 1st 1852, after he had conveyed it, without notice to the terre-tenant whose deeds were recorded. Upon this judgment, in 1856, the lot was sold at sheriff’s sale, and the title of the purchaser has been vested in the defendants.

It is conceded by defendants that a terre-tenant has the…

2Cited by8 opinions

  1. Harding v. GillettSupreme Court of Oklahoma · 1909
  2. First National Bank & Trust Co. v. MillerSupreme Court of Pennsylvania · 1936
  3. Lyon ex rel. Conklin v. ClevelandSupreme Court of Pennsylvania · 1895
  4. Ellinger v. Krach (Et Al.)Superior Court of Pennsylvania · 1941
  5. E. R. Artman & Co. v. TrubySupreme Court of Pennsylvania · 1890

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