Legal Opinion

Fryer v. Magill

Supreme Court of Pennsylvania

Decided October 1, 1894No. Appeal, No. 100PublishedCited by 1 opinion

Appeal, No. 100, July T., 1893, by defendant, Edward W. Magill, assignee for benefit of creditors of John Bardsley, from judgment of Ci P. No. 3, Pbila. Co., March T., 1892, No. 639, on case stated in favor of plaintiff. Case stated in ejectment.

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Appeal, No. 100, July T., 1893, by defendant, Edward W. Magill, assignee for benefit of creditors of John Bardsley, from judgment of Ci P. No. 3, Pbila. Co., March T., 1892, No. 639, on case stated in favor of plaintiff. Case stated in ejectment. Before Finletter, P. J. From the case stated it appeared that on July 24, 1858, William T. Dupree conveyed a lot of ground situated in the city of Philadelphia to Henry Holthausen, Charles E. Claghorn and Joseph C. Fryer, their heirs .and assigns, as tenants in common. The grantees' in the deed presented the deed to the registry bureau for registry,…

1Opinion of the Court

Opinion by

Me. Chief Justice Stebeetí,

After reciting the facts agreed upon, the case stated provides as follows : “ If on the above facts the court shall be of opinion that after said registry no sale for taxes could lawfully.be had-of the interest of the said plaintiffs in said property, or of either of them, without having their names, or either of their names suggested as the actual owners, and until after service of the writ on them and recovery by suit against them, made as in the case of summons, then judgment to be entered for the plaintiff, Charles E. Claghorn, for one undivided third…

2Cited by1 opinion

  1. Cunningham v. NeeldSupreme Court of Pennsylvania · 1901

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