Derr v. Ackerman
Supreme Court of Pennsylvania
Appeal, No. 124, Jan. T., 1899, by defendants, from judgment of C. P. Lancaster Co., May T., 1895, No. Ill, on verdict for plaintiff, in case of John H. Derr v. Ella D. Ackerman, John Ackerman and Irwin Ackerman. Transcript of proceedings before a justice of the peace to re-over the possession of real estate bought by the plaintiff at sheriff’s sale.
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Appeal, No. 124, Jan. T., 1899, by defendants, from judgment of C. P. Lancaster Co., May T., 1895, No. Ill, on verdict for plaintiff, in case of John H. Derr v. Ella D. Ackerman, John Ackerman and Irwin Ackerman. Transcript of proceedings before a justice of the peace to re-over the possession of real estate bought by the plaintiff at sheriff’s sale. Before Livingston, P. J.' The facts appear by the report of the case in 182 Pa. 591. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff. Defendants appealed. Error assigned was in giving binding instructions for…
1Opinion of the Court
Opinion by
Mr. Justice McCollum
On the first trial of this case in the court below a verdict was rendered for the defendants, and on appeal to this court from the judgment entered thereon the judgment was reversed, and a venire facias de novo awarded. The ground of the reversal was the insufficiency of the evidence to establish a parol sale of the interest of Simon Ackerman in land which he acquired and held possession of as tenant by the curtesy. On the second trial of the case an effort was made by the defendants to strengthen, and in some respects to modify their former testimony, but tbe…
2Cases cited1 opinion
- Derr v. AckermanSupreme Court of Pennsylvania · 1897