Legal Opinion

Hollister ex rel. Egbert v. Vanderlin

Supreme Court of Pennsylvania

Decided January 7, 1895No. Appeal, No. 37PublishedCited by 17 opinions

Appeal, No. 37, Oct. T., 1893, by defendant, from order of C. P. Butler Co., Sept. T., 1893, No. 92, dismissing exceptions to confirmation of sheriff’s sale. Exceptions to the confirmation of' a sheriff’s sale. Before Greer, P. J. From the record it appeared that, on Sept. 5,1893, 540 acres of land were sold at sheriff’s sale as the property of Robert Vanderlin, and bought in for $8,000 by plaintiffs, who held the first lien against the premises.

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Appeal, No. 37, Oct. T., 1893, by defendant, from order of C. P. Butler Co., Sept. T., 1893, No. 92, dismissing exceptions to confirmation of sheriff’s sale. Exceptions to the confirmation of' a sheriff’s sale. Before Greer, P. J. From the record it appeared that, on Sept. 5,1893, 540 acres of land were sold at sheriff’s sale as the property of Robert Vanderlin, and bought in for $8,000 by plaintiffs, who held the first lien against the premises. Defendant filed, among others, the following exceptions to the confirmation of the sale: “1. He protests against the acknowledgment of said deed for…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

The objection to the sheriff’s sale that it was not of the defendant’s interest in the land, but of the land, “ subject to two mineral mining estates” owned by the use plaintiffs, has been disposed of by the decision in Porter v. Vanderlin, 158 Pa 146.

The further objection is made to the advertisement of the sale that it was not made three full weeks before the day fixed for the sale. The language of the act of June 16,1836, sect. 63, P. L. 772, is that the officer making the sale shall give notice by advertisement “ once a week during three successive weeks.”…

2Cases cited1 opinion

  1. In re the Division of North Whitehall TownshipSupreme Court of Pennsylvania · 1864

3Cited by17 opinions

  1. Home Owners' Loan Corporation v. StevensUtah Supreme Court · 1940
  2. Burton v. KippMontana Supreme Court · 1904
  3. Wheeler & Motter Mercantile Co. v. WrightSupreme Court of Oklahoma · 1917
  4. Scott Co. v. Jones Hooker v. JonesSupreme Court of North Carolina · 1949
  5. Appeal of LairdSuperior Court of Pennsylvania · 1896

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