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LUND v. HEINRICH. (03/19/63)

March 19, 1963

LUND, APPELLANT,
v.
HEINRICH.



Appeal, No. 359, Jan. T., 1962, from judgment of Court of Common Pleas of Potter County, Sept. T., 1957, No. 144, in case of Stella G. Lund, Cynthia F. Hollman, Roger H. Francis et al. v. Harvey A. Heinrich and Robert J. Heinrich. Judgment affirmed.

COUNSEL

Allen P. Page, Jr., with him John A. Dwvall, John W. Mahaley, and McNerney, Page & Vanderlin, for appellants.

Paul D. Larimer, with him Robert F. Cox, and Owlett, Cox, Wilcox & Owlett, for appellees.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen O'brien and Roberts, JJ.

Author: Eagen

[ 410 Pa. Page 343]

OPINION BY MR. JUSTICE EAGEN

This appeal is from the final judgment in an action of ejectment entered in the court below in favor of the defendants-appellees.

The case was tried before a judge without a jury and all of the facts cited herein are his findings. That they are supported by sufficient evidence cannot be questioned.

Mary Jane Francis, also known as Jennie Francis, was the owner of the land involved, consisting of 126 acres in Stewardson Township, Potter County, Pennsylvania, by virtue of a deed of conveyance dated August 23, 1879, and recorded September 3, 1879. She died intestate on December 12, 1916, leaving as heirs and next of kin, a daughter, Nellie Francis Jerles; two sons, Charles and Jesse; and five grandchildren, the issue of a predeceased daughter, Jane Francis Shepard.

Charles, the son mentioned above, died intestate on February 27, 1923, leaving to survive as next of kin, a wife, Margaret Cluckey Francis, also known as Maggie Francis, and four children.

In the year 1930, the land was sold by the treasurer of Potter County at tax sale for unpaid taxes to Maggie Francis, the widow of Charles Francis, deceased, son of the aforementioned Mary Jane Francis. The deed of sale dated July 28, 1930, was recorded in Potter County on August 9, 1932. At or upon the date of this sale, Jesse Francis and Nellie Francis Jerles had actual knowledge thereof, as well as the identity of the purchaser. As of that date, they were still owners of

[ 410 Pa. Page 344]

    the interest in the property inherited from ...


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