Wheelock v. Harding
Superior Court of Pennsylvania
Appeal, No. 42, Jan. T., 1897, by defendant, from judgment of C. P. Wyoming Co., Jan. T., 1894, No. 84, on verdict for plaintiff. Ejectment. Before Dunham, P. J. The plaintiff claimed title to the land in question by virtue of purchase by him at a sheriff’s sale thereof on November 11, 1893, by writ of levari facias issued on a judgment for $342.12, taken and entered January 17, 1891, in proceedings of scire facias sur mortgage.
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Appeal, No. 42, Jan. T., 1897, by defendant, from judgment of C. P. Wyoming Co., Jan. T., 1894, No. 84, on verdict for plaintiff. Ejectment. Before Dunham, P. J. The plaintiff claimed title to the land in question by virtue of purchase by him at a sheriff’s sale thereof on November 11, 1893, by writ of levari facias issued on a judgment for $342.12, taken and entered January 17, 1891, in proceedings of scire facias sur mortgage. This mortgage was given by Milton Penrith to Chauncey Benson, and was recorded December 28, 1886. The defendant showed a sheriff’s sale and deed to him, made December…
1Opinion of the Court
Opinion by
Beaver, J.,
This is an action of ejectment in which both parties claim title through deeds made in pursuance of sheriff’s sales made at different times. The deed of the defendant is dated December 4, 1891, and, in point of time, is the older of the two. The allegation of the plaintiff is that the sale made by the sheriff in pursuance of which this deed was made did not divest the lien of a mortgage given by Milton Penrith, the then owner of the land, to one Chauncey Benson. This mortgage was entered and filed for record December 28, 1886. A mechanic’s lien was entered against a…
2Cases cited4 opinions
- Reading v. HopsonSupreme Court of Pennsylvania · 1879
- Hilliard v. TustinSupreme Court of Pennsylvania · 1896
- Wilson v. McCulloughSupreme Court of Pennsylvania · 1852
- Reynolds v. MillerSupreme Court of Pennsylvania · 1896