Legal Opinion

Shields v. Miltenberger

Supreme Court of Pennsylvania

Decided September 15, 1850PublishedCited by 15 opinions

Error, to the District Court of Allegheny county. This was an action of ejectment by Shields against George Miltenberger for a lot of ground in the city of Pittsburgh. Shields claimed under a deed from Miltenberger, the defendant, who conveyed the lot to Shields, the plaintiff, on January 13,1829, subject to annual ground rent of , and delivered to bim tbe possession. Defendant claimed under James S. Craft.

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Error, to the District Court of Allegheny county. This was an action of ejectment by Shields against George Miltenberger for a lot of ground in the city of Pittsburgh. Shields claimed under a deed from Miltenberger, the defendant, who conveyed the lot to Shields, the plaintiff, on January 13,1829, subject to annual ground rent of , and delivered to bim tbe possession. Defendant claimed under James S. Craft. Tbe claim of the latter was under a sheriff’s sale and deed for the lot in question, sold as tbe property of Shields, tbe present plaintiff. Miltenberger obtained judgment against Shields…

1Opinion of the Court

The opinion of the court was delivered by

Bell, J.

— The second section of the act of October, 1840, gives a venditioni exponas for the sale of extended lands, when the execution creditor, within ten days after inquisition found, signifies his election to permit the defendant to retain the premises levied at the ascertained yearly rental, and the latter neglects or refuses for ten days thereafter to notify his acceptance of the offer. Whether the statute intended to prescribe an imperative observance of the period thus limited for notice, or regards it as simply directory, is the question…

2Cases cited10 opinions

  1. Gilbert v. HoffmanSupreme Court of Pennsylvania · 1833
  2. Burd v. Lessee of DansdaleSupreme Court of Pennsylvania · 1809
  3. Braddee v. BrownfieldSupreme Court of Pennsylvania · 1841
  4. Cash v. TozerSupreme Court of Pennsylvania · 1841
  5. Lessee of Wilson v. M'VeaghSupreme Court of Pennsylvania · 1796

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3Cited by15 opinions

  1. Knox v. NoggleSupreme Court of Pennsylvania · 1937
  2. Media Title & Trust Co. v. KellySupreme Court of Pennsylvania · 1898
  3. McLanahan v. GoodmanSupreme Court of Pennsylvania · 1919
  4. Ellis v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1910
  5. Clough v. WelshSupreme Court of Pennsylvania · 1911

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