Hartley v. Millard

Citations

• 167 Pa. 322
• 31 A. 641
• 1895 Pa. LEXIS 904

Syllabus

<p>Evidence — Fraud—Sale of land — Question for jury — Ejectment.</p> <p>In an action of ejectment plaintiff claimed title under unrecorded articles of agreement for the sale of the land from one Robinson. Defendants claimed title under a sheriff’s deed on a judgment against Robinson entered subsequent to the date of the agreement. Plaintiff’s testimony tended to show that the agreement was bona fide and for a valuable consideration, and that notice of it had been given at the sheriff’s sale. Defendants’ testimony tended to show that after the date of the agreement Robinson had continued to occupy the land by his tenants, had insured the buildings in his own name, and had treated the property as his own, and that plaintiff had declared, three years after the articles were signed, that Robinson was the owner of the property. Held that the case was for the jury.</p>