Spragg v. Shriver
Supreme Court of Pennsylvania
Error to the Common Pleas of Q-reene county. Isaac Shriver, the plaintiff below, brought ejectment to recover from Otho Spragg, and others, 450 acres of land.
Read the full summary
Error to the Common Pleas of Q-reene county. Isaac Shriver, the plaintiff below, brought ejectment to recover from Otho Spragg, and others, 450 acres of land. The title to the premises in dispute, in 1842, was vested in John Shriver, against whom the plaintiff showed a judgment, entered in 1842 — revived in 1844 — and again in 1849; a levy and sale under that judgment to the plaintiff, and a sheriff’s deed to him, acknowledged 18th December, 1851. The defendant showed several judgments against John Shriver in 1841, 1842, and 1843 — executions issued, inquisitions waived, but no sale made on…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
It was held, in Crowell v. Meconkey, 5 Barr 174, that the want of an appraisement under the Act of 16th of June, 1842, can be taken advantage of by the defendant alone. In Crawford v. Boyer, 2 Harris 384, the same principle was applied to the want of a valid inquisition for the condemnation of real estate taken in execution; and it was declared, in the case last mentioned, that even the defendant himself must take the objection at the proper season. In conformity with this principle it was held that the consent of the defendant to a sale of…
2Cases cited3 opinions
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Stroble v. SmithSupreme Court of Pennsylvania · 1839
- Baird v. LentSupreme Court of Pennsylvania · 1839
3Cited by10 opinions
- Mascall v. MurrayOregon Supreme Court · 1915
- Media Title & Trust Co. v. KellySupreme Court of Pennsylvania · 1898
- Haggerty v. MoyermanSupreme Court of Pennsylvania · 1936
- Clough v. WelshSupreme Court of Pennsylvania · 1911
- Collins v. PhillipsSupreme Court of Pennsylvania · 1912
5 more not listed; retrieve them via the Exa API.