Sheetz v. Wynkoop
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lebanon county: No. 53, to May Term 1873. This was an action of ejectment, brought March 12th 1872, in the Court of Common Pleas of Schuylkill county, by Samuel Sheetz and William Frederick Breitenbach, a minor child of William S. Breitenbach, deceased, by his guardian, against John E. Wynkoop and E. W. Wynkoop, Augustus W. Huber, Zacharias Batdorf and the Star Iron Company.
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Error to the Court of Common Pleas of Lebanon county: No. 53, to May Term 1873. This was an action of ejectment, brought March 12th 1872, in the Court of Common Pleas of Schuylkill county, by Samuel Sheetz and William Frederick Breitenbach, a minor child of William S. Breitenbach, deceased, by his guardian, against John E. Wynkoop and E. W. Wynkoop, Augustus W. Huber, Zacharias Batdorf and the Star Iron Company. By virtue of a special Act of Assembly, the case was, on the 10th of June 1872, removed to the Court of Common Pleas of Lebanon county. The plaintiffs claimed to recover the undivided…
1Opinion of the Court
The opinion of the court was delivered, January 2d 1873, by
Williams, J. —
If the plaintiff’s title to the land in controversy was divested by the sheriff’s sale, under which the defendants claim the ownership, they were not entitled to recover; and the court below was right in giving a binding direction to the jury to find for the defendants. The execution, on which the sale was made, followed the judgment. It was issued against all the defendants. The court refused to quash the writ, but ordered it to be stayed, so far as regards John B. Breitenbach, “ it appearing to the court that he is an…
2Cases cited2 opinions
- Stewart v. StockerSupreme Court of Pennsylvania · 1832
- Lowber & Wilmer's AppealSupreme Court of Pennsylvania · 1845
3Cited by6 opinions
- Land Title & Trust Co. v. RamboSupreme Court of Pennsylvania · 1896
- Derr v. New York Joint Stock Land BankSupreme Court of Pennsylvania · 1939
- Koenig v. Currans Restaurant Co.Supreme Court of Pennsylvania · 1932
- Manlove v. McDermott, Pennsylvania Court of Common Pleas, Philadelphia County1931
- North Wales National Bank v. Rees, Pennsylvania Court of Common Pleas, Monroe County1942
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