Olinger v. Shultz
Supreme Court of Pennsylvania
Appeal, No. 132, Oct. Term, 1897, by plaintiff, from judgment of C. P. Somerset County, May Term, 1895, No. .425, on verdict for defendants. Ejectment for a tract of land in Elk Lick township. Before Longeneckbr, P. J. Tbe facts appear by tbe opinion of tbe Supreme Court.
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Appeal, No. 132, Oct. Term, 1897, by plaintiff, from judgment of C. P. Somerset County, May Term, 1895, No. .425, on verdict for defendants. Ejectment for a tract of land in Elk Lick township. Before Longeneckbr, P. J. Tbe facts appear by tbe opinion of tbe Supreme Court. When Susan Mognet, one of the defendants, was on tbe stand, defendant’s counsel offered to prove by lier that as soon as she saw tbe deed for tlie land, and saw that it bad been made to her husband, J. G. Mognet, instead of to her, she complained about it, telling him she had paid the purchase money; that he himself said…
1Opinion of the Court
Opinion by
Mb. Justice Green,
In this case the action is ejectment brought by a purchaser at a sheriff’s sale with full notice of the defendants’ title. He was not an innocent purchaser for value of the title of Joseph G. Mognet, as it appeared on the record, and without notice of any trust or adverse title, and cannot set up any title as such. He was not even a judgment creditor of Mognet. He occupies, therefore, the position of one who purchases with full notice of a title by means of a resulting trust, in opposition to an apparent legal title. He neither purchased the land nor loaned money…
2Cases cited7 opinions
- Gilchrist v. BrownSupreme Court of Pennsylvania · 1895
- Way v. HootonSupreme Court of Pennsylvania · 1893
- Miller v. BakerSupreme Court of Pennsylvania · 1894
- Reno v. MossSupreme Court of Pennsylvania · 1888
- Hess v. CalenderSupreme Court of Pennsylvania · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Kauffman v. KauffmanSupreme Court of Pennsylvania · 1920
- Morrish v. MorrishSupreme Court of Pennsylvania · 1918
- Wosche v. KraningSupreme Court of Pennsylvania · 1946
- Gates v. KeichlineSupreme Court of Pennsylvania · 1925
- Watkins and Miller v. WatkinsSuperior Court of Pennsylvania · 1931
13 more not listed; retrieve them via the Exa API.