Becker v. Werner
Supreme Court of Pennsylvania
October 14th 1881. Before Sharswood, O. J., Mercur, 'Gordon, Paxson, Trunket and Sterrett, JJ. Green, J., absent. Error to the Common Pleas No. 2, of Allegheny eowni/y: Of October and November Term 1881, No. 226-J-. This was an action of ejectment by Frederick Werner against Frederick Becker apd Anna Maria Becker his wife, and Louis Schafer, for a certain tract of land with the buildings and improvements thereon erected, situate on East street in the city of Allegheny.
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October 14th 1881. Before Sharswood, O. J., Mercur, 'Gordon, Paxson, Trunket and Sterrett, JJ. Green, J., absent. Error to the Common Pleas No. 2, of Allegheny eowni/y: Of October and November Term 1881, No. 226-J-. This was an action of ejectment by Frederick Werner against Frederick Becker apd Anna Maria Becker his wife, and Louis Schafer, for a certain tract of land with the buildings and improvements thereon erected, situate on East street in the city of Allegheny. On the trial, before White, J., the following facts appeared: On March 30th 1877, Edward Schenley and wife executed to…
1Opinion of the CourtJustice Paxson
This case at first sight would seem to require a great deal of winnowing to separate the wheat from the chaff. A close examination of it, however, leads us to the conclusion that the real matter of controversy lies in a very narrow compass.
The learned judge of the court below charged the jury (see 4th assignment), that “ Mr. Torrence might, at the time he issued his landlord’s warrant in July, 1879, have included all the arrears of taxes at that time, but he did not; he issued his landlord's warrant simply for the rent due, leaving the taxes unpaid ; he could not then forfeit the lease simply…
2Cited by2 opinions
- Johnson v. Lehigh Valley Traction Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1904
- Lybarger v. Haupt, Pennsylvania Court of Common Pleas, Union County1927