Keyser v. Estrada

<p>Appeal, No. 119, Jan, T., 1912, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1911, No. 3548, for plaintiff on case stated in suit of Ernest H. Beihl and Clara Beihl, his wife, v. William J. Martin.</p> <p>Case stated to determine marketable title to real estate.</p> <p>The facts are set forth in the case stated as follows:</p> <p>1. That Ellwood Smith and wife, by deed dated May 20, 1903, and recorded in deed book W. S. V. 139, page 535, etc., and conveyed nnto Ernest H. Beihl and Clara L. Beihl, his wife (therein called the grantees — the form of grant being, to wit: “Do grant, bargain, and sell, release and confirm, unto the said grantees, their heirs and assigns”), all that certain lot or piece of ground with the brick messuage or tenement thereon erected, situate on the east side of Fifteenth street......</p> <p>2. That the habendum in said deed of conveyance provided as follows: “To have and to hold the said lot or piece of ground with the brick messuage or tenement thereon erected, hereditaments and premises hereby granted or mentioned and intended so to be with the appurtenances unto the said grantees their heirs and assigns; to and for the only proper use and behoof of the said grantees their heirs and assigns forever.”</p> <p>3. That by virtue of the said deed of conveyance the plaintiffs were vested with a good and marketable title in fee simple to said premises.</p> <p>4. That while the plaintiffs were so seized thereof the said Ernest H. Beihl was, on July 2, 1909, adjudged a voluntary bankrupt by the United States District Court for the Eastern District of Pennsylvania, the said Clara L. Beihl not joining in said bankruptcy proceedings nor giving, consent thereto, and on July 21, 1909, Charles J. Weiss was elected, and duly qualified, to be trustee in bankruptcy of the estate of Ernest H. Beihl, which trusteeship is still existing — there remaining unpaid an existing indebtedness on the part of the said Ernest H. Beihl of over $1

<p>Appeal by defendants, Jethro Mitchell and Wellington R. Burt, from a judgment of the District Court of Carlton County, Stearns, J., entered September 23, 1892.</p> <p>Josephine G-abiou on December 1, 1869, received a patent from the United States for the south half of the northwest quarter and the north half of the southwest quarter of section thirty-four, (34,) in T. 48, R. 16, in Carlton county. She then married Daniel Wright, and afterwards on September 7, 1872, conveyed the land to James Bar-don; and he on October 16, 1872, conveyed it to John D. Howard; and he on July 29, 1880, conveyed it to Wellington R. Burt, who on October 23, 1889, conveyed this and a large amount of other land to Jethro Mitchell and took back a mortgage for $200,000. Each deed contained covenants of warranty and was duly recorded. On November 17, 1890, Monroe Nichols contracted with Mitchell and one McClure to purchase the entire section, six hundred and forty acres, including this land, for $48,400, but the purchase was not carried out because it was learned that Mrs. Gabiou was married to Wright at the time she made her deed and her husband did not join in its execution. Nichols soon after obtained a deed of this one hundred and sixty 'acres from Mrs. Gabiou to the plaintiff John H. Rollins, in the manner stated in the opinion. Rollins commenced this action against the defendants to determine their adverse claim to the land. Mrs.. Gab.iou or Wright on August 21, 1883, obtained a divorce from her husband. Soon after Rollins commenced the action, and before defendants answered, he. conveyed the land to Charles B. Marvin and he intervened in the suit. Marvin, gave back to Rollins a mortgage on the land for $8,500. The other facts appear in the opinion. The trial court made- findings and ordered judgment for the intervener that he was the owner of the land in fee, and that defendants had no title. Judgment was entered accordingly, and defendants appeal.</p> <p>The quitclaim deed from Mrs