Commonwealth v. Gerstle

Decided April 24, 1882

Supreme Court of Pennsylvania · decided 1882-04-24

of Luzerne County. No. 292 January Term, 1881. George Reiss, in 1870, owned a lot of ground, 96 feet in front, in Wilkesbarre, on which stood a building divided into three dwellings. He, on January 28, 1871, entered into three agreements with Jacob Hochberg, George Gerstle and John Froelich, respectively, to sell each 32 feet of this lot. As the building did not stand on all three lots, the men drew straws for choice of lots.

Decided 1882-04-24

¶1The Supreme Court affirmed the judgment of the Quarter Sessions on April 24th, 1882, in the following opinion:

Per Curiam.

¶2It is a very clear proposition and decisive of this case, that if the Sheriff has a writ of possession to deliver certain lands which have been recovered against A, it does not authorize him to deliver to the plaintiff, land held by and in the possession of B. The house described in the indictment did not stand on the land described in the habere facias. The Sheriff was not authorized to dispossess the defendant. On the undisputed facts, the defendant was entitled to a verdict, and the Judge had a perfect right so to instruct the jury.

¶3Judgment affirmed.