Stewart v. Reed
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of 'October and November Term 1879, No. 235. Ejectment by Martin Reed against John K. Stewart, William Weaver and others, for two tracts of land in Allegheny county, in possession of said Weaver as tenant of said Stewart.
Read the full summary
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of 'October and November Term 1879, No. 235. Ejectment by Martin Reed against John K. Stewart, William Weaver and others, for two tracts of land in Allegheny county, in possession of said Weaver as tenant of said Stewart. The title to the land was admitted by both parties to have been in Henry Weaver prior to July 19th 1870, at which time he exécuted and delivered to John Little, Jr., a mortgage on the tracts of land in dispute, to secure the payment of $6000. Little assigned the mortgage to Samuel McClurkan, who advanced $5000…
1Opinion of the CourtJustice Paxson
Whatever fraud may have been committed in this case it is clear that Samuel McClurkan, the purchaser at the sheriff’s sale, was not a party to it. Hence his title was free from taint, and under all the authorities his vendee would take a good title even though the latter had notice or knowledge of the fraud. This is a familiar rule, and is essential to enable honest purchasers to dispose of property which they have acquired in good faith.
Had the plaintiff in error been the purchaser at the sheriff’s sale, the case might have come within the ruling in Abbey v. Dewey, 1 Casey 413, where it was…
2Cited by2 opinions
- Logan v. Eva, Pennsylvania Court of Common Pleas, York County1891
- Roush v. HerbickSupreme Court of Pennsylvania · 1920