Sackett v. Spencer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bradford county: No. 72, to January Term 1870. This was an action of ejectment, brought March 23d 1867, by R. H. Sackett against Henry Spencer for a tract of about 114 acres of land. The question in the case was whether the land in dispute belonged to the defendant or to one Thomas Forman, as whose property the plaintiff had purchased it at sheriff’s sale.
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Error to the Court of Common Pleas of Bradford county: No. 72, to January Term 1870. This was an action of ejectment, brought March 23d 1867, by R. H. Sackett against Henry Spencer for a tract of about 114 acres of land. The question in the case was whether the land in dispute belonged to the defendant or to one Thomas Forman, as whose property the plaintiff had purchased it at sheriff’s sale. The case was tried, September 25th 1869, before Streeter, P. J. It appeared on the trial that the land originally belonged to Edward Overton, who, on the 20th of July 1841, had contracted to sell half…
1Opinion of the Court
The opinion of the court was delivered, March 21st 1870, by
Agnew, J.
The complicated and rather difficult questions of mortgage and trust presented in the paper-book, disappear, when the material facts eliminated from the' mass are shown in their proper relations. R. H. Sackett, the plaintiff, claimed title through a sheriff’s sale of the land in suit, made in 1867; under a judgment against Thomas Forman, entered December 6th 1861. Forman had conveyed the land to Henry Spencer, the defendant, by a deed dated January 23d 1861, ten months prior to the entry of judgment. At the time of the entry…
2Cited by7 opinions
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- Flory v. HouckSupreme Court of Pennsylvania · 1898
- Berenato v. GazzaraSupreme Court of Pennsylvania · 1943
- Buchner v. BuchnerSuperior Court of Pennsylvania · 1934
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