Kern v. Howell
Supreme Court of Pennsylvania
Appeal, No. 538, Jan. T., 1896, by defendant, from judgment of C. P. No. 2, Phila. Co., Decernber Term, 1894, No. 769, on verdict for plaintiff. Ejectment for premises 672 Union street in the city of Philar delphia. Before Pennypacker, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 538, Jan. T., 1896, by defendant, from judgment of C. P. No. 2, Phila. Co., Decernber Term, 1894, No. 769, on verdict for plaintiff. Ejectment for premises 672 Union street in the city of Philar delphia. Before Pennypacker, J. The facts appear by the opinion of the Supreme Court. The court refused defendant’s point which was as follows : The evidence shows that the consideration money for the conveyance to Walter R. Kern was furnished by Hall and Kern, and that the equitable title to possession immediately after the purchase was in them. This being so, the burden is upon the…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The plaintiff held a deed in fee simple for the property in *317question, and on the apparent state of the title he had a right to recover unless the defendant had a better title. The defendant being a mere tenant in possession the defense was really made by her lessors who were the executors of the will of William H. Kern, deceased. The plaintiff was a son of the deceased, and the title set up by the- executors was an equitable title in their testator. This equitable title was based upon an allegation that the testator had furnished the consideration of the deed, and…
2Cases cited2 opinions
- Phillips v. GreggSupreme Court of Pennsylvania · 1840
- Connor v. BellSupreme Court of Pennsylvania · 1893
3Cited by12 opinions
- Cragin's EstateSupreme Court of Pennsylvania · 1922
- Lewis v. MerrymanSupreme Court of Pennsylvania · 1921
- Stiegelmann v. AckmanSupreme Court of Pennsylvania · 1945
- Epstein v. RatkoskySupreme Court of Pennsylvania · 1925
- Kanawell v. MillerSupreme Court of Pennsylvania · 1918
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