McCahan v. Elliott
Supreme Court of Pennsylvania
' Error to the Court of Common Pleas of Juniata county: Of July Term 1882, No. 192. Ejectment, by Stewart Elliott, against J. Shepperd McCahan and William B. McCahan, for a tract of land, situate in said county, containing one hundred acres. The defendants appeared and filed an abstract of title.
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' Error to the Court of Common Pleas of Juniata county: Of July Term 1882, No. 192. Ejectment, by Stewart Elliott, against J. Shepperd McCahan and William B. McCahan, for a tract of land, situate in said county, containing one hundred acres. The defendants appeared and filed an abstract of title. On the trial, before Barnett, P. J., there was no dispute as to the material faets, which were as follows: Both parties claim under J. S. McCahan, who, on January 21st 1875, was the owner in fee simple of the land in dispute. On that day James Heffner obtained a judgment against said J. S. McCahan,…
1Opinion of the CourtChief Justice Mercur
This contention is in regard to the effect of a certain sale of land made by the sheriff. The original validity of the judgment, and of its lien on the land, are unquestioned. The executions thereon were regular and in due form.
The sole objection is, that after the writ of venditioni ex-ponas issued, but before the sale was made, the five years from the rendition of the judgment had expired. In behalf of a good-faith purchaser of the land, who bought before the sale made by the sheriff, this objection would be valid. Another judgment lien obtained within five years before the sheriff’s sale,…
2Cases cited1 opinion
- Fetterman v. MurphySupreme Court of Pennsylvania · 1835
3Cited by7 opinions
- First National Bank & Trust Co. v. MillerSupreme Court of Pennsylvania · 1936
- Shannon v. NewtonSupreme Court of Pennsylvania · 1890
- Shotts Co. v. Agnew, and BarnettSuperior Court of Pennsylvania · 1923
- Simmons v. SimmonsSuperior Court of Pennsylvania · 1942
- Jeffries' EstatePennsylvania Orphans' Court, Washington County · 1938
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