Hill v. Epley
Supreme Court of Pennsylvania
Error to the Common Pleas of Adams county. This was an ejectment by Jobnston Hill and wife, and Harriet Witherow and others, against Samuel B. Epley and Jacob Myers, for the undivided moiety of a tract of 150 acres of land, with a grist-mill, saw-mill, and other improvements, in Cumberland township.
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Error to the Common Pleas of Adams county. This was an ejectment by Jobnston Hill and wife, and Harriet Witherow and others, against Samuel B. Epley and Jacob Myers, for the undivided moiety of a tract of 150 acres of land, with a grist-mill, saw-mill, and other improvements, in Cumberland township. There was a former ejectment for the same premises, which is reported in 7 Watts 163. Both parties claimed under Christian Routzong, who, on the 16th of March 1812, conveyed the premises to David Witherow, the ancestor of the plaintiffs, and Samuel Witherow, under whom the defendants claimed…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
The question presented by this record is, whether when a tract of land has been sold at sheriff’s sale, under a judgment obtained against a tenant in common, and the co-tenant, whose deed was upon record, was present at the sale, and caused notice to be given that it was only the interest of the judgment-debtor which was being sold, such co-tenant is estopped from asserting his title against the purchaser.
Confining our attention to the facts which are material to the inquiry brought up here, we have the following: — •
David Witherow and Samuel…
2Cases cited3 opinions
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Wusthoff v. DracourtSupreme Court of Pennsylvania · 1834
- Epley v. WitherowSupreme Court of Pennsylvania · 1838
3Cited by37 opinions
- Northwest'n Nat. Bk. v. Com'nw'lth.Supreme Court of Pennsylvania · 1942
- Northwestern National Bank v. CommonwealthSupreme Court of Pennsylvania · 1942
- Lund v. HeinrichSupreme Court of Pennsylvania · 1963
- Tustin v. Philadelphia & Reading Coal & Iron Co.Supreme Court of Pennsylvania · 1915
- Mott v. KaldesSupreme Court of Pennsylvania · 1926
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