Speer v. Sample
Supreme Court of Pennsylvania
WRIT of error to the district court of Jllleghany county. This was an action of ejectment for a tract of land, by the heirs of David Sample against Thomas Speer. David Sample died seised of the land, and after his death a fieri facias was issued upon a judgment against him in his lifetime, at the suit of John M’Donald, upon which the land was levied and sold to the said John M’Donald under whom the defendant claimed.
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WRIT of error to the district court of Jllleghany county. This was an action of ejectment for a tract of land, by the heirs of David Sample against Thomas Speer. David Sample died seised of the land, and after his death a fieri facias was issued upon a judgment against him in his lifetime, at the suit of John M’Donald, upon which the land was levied and sold to the said John M’Donald under whom the defendant claimed. The only question in the cause was whether the execution was void, and a sale upon it.conferred no title'? The court decided that it was void and directed the jury to find a…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
—The only question presented here is, whether a sale of land of which the owner died seised, under an execution sued out after his death, upon a judgment obtained against him in his lifetime, which became and continued to be a lien on the land from its date, be good and valid or not. The determination of this question will depend upon the correct solution of another, whether the execution was absolutely void or not. If it was good, or only erroneous and voidable merely, the sale passed the title to the land ; but if absolutely void, then it…
2Cited by14 opinions
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- Webb v. MallardTexas Supreme Court · 1863
- Brown v. ParkerIllinois Supreme Court · 1853
- Day v. SharpSupreme Court of Pennsylvania · 1839
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