McCaskey v. Graff
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an action of ejectment, to November Term, 1852, by David Graff, assignee of John M. Downey, v. William McCaskey and Adam Ellet. The defendants in some way held under Robert A. Evans.
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Error to the Common Pleas of Lancaster county. This was an action of ejectment, to November Term, 1852, by David Graff, assignee of John M. Downey, v. William McCaskey and Adam Ellet. The defendants in some way held under Robert A. Evans. In December, 1851, Robert A. Evans purchased at sheriff’s sale a tract of 88 acres of land in Leacock township, which had been duly levied on as the property of John M. Downey, for the sum of $4450; and, on the 27th day of May, 1852, having paid the whole of the consideration-money, he received the sheriff’s deed therefor, and afterwards put the defendants,…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
It is not denied that the title by which the plaintiff below claims the land was originally good. But the defendant asserts that it passed to him by a sheriff’s sale; and so it did, if his purchase was an honest one. This was the matter of fact contested before the jury.
The plaintiff offered one Barefoot as a witness, to whom the defendant objected on the ground of interest. It was not asserted that he had a direct interest in the record, or that the judgment in this case could be used as evidence for or against him in any future suit to…
2Cases cited2 opinions
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3Cited by10 opinions
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- Commonwealth v. Wm. StraussSuperior Court of Pennsylvania · 1926
- Washmood v. United StatesCourt of Criminal Appeals of Oklahoma · 1913
- United States v. SchenckDistrict Court, E.D. Pennsylvania · 1918
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