Hawk v. Stouch
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common' Pleas of Lebanon county. Proceedings took place in March, 1817, before two justices of the peace of Lebanon county, by the plaintiff against the defendant, to recover possession of certain lands, under the act of assembly passed the 6th April, 1802, entitled “ an act to enable purchasers at sheriff’s and coroner’s sales to obtain possession in pursuance of a purchase at sheriff’s sale by the plaintiff on an execution issued against…
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In Error. ERROR to the Court of Common' Pleas of Lebanon county. Proceedings took place in March, 1817, before two justices of the peace of Lebanon county, by the plaintiff against the defendant, to recover possession of certain lands, under the act of assembly passed the 6th April, 1802, entitled “ an act to enable purchasers at sheriff’s and coroner’s sales to obtain possession in pursuance of a purchase at sheriff’s sale by the plaintiff on an execution issued against John Elder. The venire, inquisition, and record were in the usual form. By the inquisition it appeared that the sale was on…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
This is a writ of error to the Court of Common Pleas of Lebanon county, concerning the proceedings of two justices of the peace, founded on the act of 6th Aprils 1802, and awarding restitution, removed into that Court by certiorari.
The tenant in possession of the lands sold by the sheriff on an execution against John Elder, in the course of the proceedings, made the affidavit stated in the record, and handed it to the justices ; but the justices instead of receiving it and accepting of the recognisance to prosecute his claim in the Court of…
2Cited by2 opinions
- Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
- Scheerer v. StanleySupreme Court of Pennsylvania · 1830