Legal Opinion

Hottenstein v. Lerch

Supreme Court of Pennsylvania

Decided March 9, 1882PublishedCited by 18 opinions

Error to the Court of Common Pleas of Lehigh cotmty : Of January Term 1882, No. 285. Ejectment, brought December 7th 1880, by Levi S. Hottenstein and Charles L. Hottenstein against Nathan Lercli and Catharine Lerch his wife, for a tract of farm land in Hanover township, containing between nine and ten acres. Plea, not guilty.

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Error to the Court of Common Pleas of Lehigh cotmty : Of January Term 1882, No. 285. Ejectment, brought December 7th 1880, by Levi S. Hottenstein and Charles L. Hottenstein against Nathan Lercli and Catharine Lerch his wife, for a tract of farm land in Hanover township, containing between nine and ten acres. Plea, not guilty. On the trial, before Albright, P. J., title was admitted in John A. Dech on April 2d 1857. The plaintiffs deduced title from him as follows : 1857, April 2d. Deed. John A. Dech and wife to Nathan Lerch and his heirs, for the tract in question. Reeorded, May 11th 1857.…

1Opinion of the CourtJustice Green

The plaintiffs derived title to the land in controversy by deed from M. C. L. Kline, dated November 29th 1880. Kline’s title was by a sheriff’s deed dated November 16th 1880. He was the owner of the apparent legal title for thirteen days, lie was never in possession of the premises. The land was actually occupied by other persons than the vendor, before, and at the time, the plaintiffs made their purchase and took their deed. The learned court below submitted to the jury the question whether there were circumstances connected with the transaction which made inquiry a duty on the part of the…

2Cases cited4 opinions

  1. Jaques v. WeeksSupreme Court of Pennsylvania · 1838
  2. Krider v. LaffertySupreme Court of Pennsylvania · 1836
  3. Sailor v. HertzogSupreme Court of Pennsylvania · 1839
  4. Green v. DrinkerSupreme Court of Pennsylvania · 1844

3Cited by18 opinions

  1. Home Life Insurance Co. v. Jones (In Re Jones)United States Bankruptcy Court, E.D. Pennsylvania · 1982
  2. Kinch Et Ux. v. FlukeSupreme Court of Pennsylvania · 1933
  3. Stonecipher v. KeaneSupreme Court of Pennsylvania · 1920
  4. Anderson v. BrinserSupreme Court of Pennsylvania · 1889
  5. Greenwich Coal & Coke Co. v. LearnSupreme Court of Pennsylvania · 1912

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