Zerbe v. Miller
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks county. This was an action of ejectment by Samuel, John, and Henry Miller against Henry Zerbe and John Zerbe, for a tract of land, situate in Tulpehocken township, Berks county. It was sold as the property of John Zerbe, on a judgment in favor of John Miller vs. John Zerbe.
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Error to the Common Pleas of Berks county. This was an action of ejectment by Samuel, John, and Henry Miller against Henry Zerbe and John Zerbe, for a tract of land, situate in Tulpehocken township, Berks county. It was sold as the property of John Zerbe, on a judgment in favor of John Miller vs. John Zerbe. Miller had suit brought upon a bond of John Zerbe, in which an award was had December 7th, 1844, for $3364.96; and an appeal being entered by defendant, judgment was entered for $3553.78, on March 19th, 1846. Venditioni exponas issued, and was returned sold to Samuel Miller, John Miller,…
1Opinion of the Court
The opinion of the court, filed July 3, was delivered by
Coulter, J.
There is nothing in the first bill of exceptions. The witness said he had not been on the land for twelve years, although he had once passed by it during that time.
The question as to the value of the land might have been pertinent to the matter in issue, if directed to the point of time when the matters in issue occurred; but as it was not so directed, but was indefinite as to time, a direct answer might have misled the jury instead of giving them exact information proper for their guidance. The value of the land might have…
2Cases cited2 opinions
- Rogers v. HallSupreme Court of Pennsylvania · 1835
- Geiger v. WelshSupreme Court of Pennsylvania · 1829
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