Weekly Notes of Cases Argued and Determined in the Supreme Court, Volume 26 by Pennsylvania. Supreme Court, United States. Circuit Court (3rd Circuit)
On the trial, before Dheher, P. J., the jury found a special verdict, which, as afterwards amended, was as follows:
We find that the title to the premises in dispute and described in the plaintiff's writ of ejectment was in Augustus Lehr on October 25, 1860, and that on said day said Augustus Lehr and wife by deed conveyed the same [title] to Charles Albright, in trust for the sole and separate use of said Mary Ann Lehr, wife of Augustus Lehr, during her natural life, with power to said Albright as trustee to sell and convey the same or any part of the same in fee simple upon the written direction of said Mary Ann Lehr, and containing the following further provisions, "and from and after the decease of said Mary Ann Lehr, the said estate is to be the property of said Augustus Lehr."
That on the 31st day of March, 1869, the, said Augustus Lehr and wife, and said Charles Albright, trustee, leased the said premises to Adolph Reich, his heirs and assigns, for the term of thirty years, for the purpose of mining ore, etc.
That said lease was forfeited by reason of nonperformance of the covenants therein contained, and was on the 20th day of May, 1875, renewed for the term of twenty-four years by the said parties by writing indorsed thereon, dated May 20, 1875.
That the Standard Metallic Paint Company, the plaintiff, is the owner of the said lease to Adolph Reich above referred to by title acquired subsequent to the sale and deed hereinafter referred to by Lehr's administrator to Wilson Kline, and with notice of said sale having taken place.
That on August 27, 1868, William Bauman obtained a judgment against Augustus Lehr and Mary Ann Lehr his wife, in the Court of Common Pleas of Carbon County, for $800, which judgment was revived against said parties defendant August 26, 1873, and June 20, 1878, by amicable revival.
That on September 5, 1867, said Augustus Lehr and Mary Ann Lehr his wife, made and executed to C. M. Runk their mortgage upon the premises in dispute in this case for the sum of five hundred dollars, which said mortgage was on March 14, 1872, duly recorded in the office for recording of deeds at Mauch Chunk.
That on March 4, 1875, Nathan Weiler obtained a judgment in the Court of Common Pleas of Carbon County, against Augustus Lehr, which was revived within the term of five years from the date of its entry. That said several judgments and said mortgage remained unsatisfied and unpaid at the death of said Mary Ann Lehr and said Augustus Lehr.
That said Mary Ann Lehr died in the month of March, 1878, intestate, and no letters of administration were ever granted upon her estate.
That said Charles Albright died September 28, 1880.
That said Augustus Lehr died February 27, 1883, intestate, and letters of administration upon his estate were granted to J. C. Kreamer according to law.
That said J. C. Kreamer. administrator, presented a petition to the Orphans' Court of Carbon County, setting forth that the personal estate of said Augustus Lehr was not sufficient to pay his just debts, and annexing a list of them, and amongst them the judgments of Henry Bauman and Nathan Weiler and the mortgage of C. M. Runk above referred to, and praying for an order to sell the real estate for payment of debts, whereupon at April Term, 1883, the Court decreed a sale of the premises in dispute in this case for the payment of the debts of the said Augustus Lehr.
That in pursuance of the order and decree of said Orphans' Court, and the Act of Assembly, a sale was made at the premises described in plaintiff's writ for the payment of the debts of said Augustus Lehr, deceased (amongst them the judgments and mortgage above referred to), to Wilson Kline...
That after the delivery of said deed to the paid Wilson Kline by said J. C. Kreamer, administrator, said Wilson Kline made a lease in writing to the said Prince Manufacturing Company for the said premises, and that at the time of the plaintiff's writ, said Prince Manufacturing Company was in possession of said premises tinder said lease from said Kline.
