Legal Opinion

Snavely v. Wagner

Supreme Court of Pennsylvania

Decided June 25, 1846PublishedCited by 5 opinions

Error to the Common Pleas of Lebanon county. June 23. Michael Wagner, the defendant in error and plaintiff below, brought ejectment against Cyrus K. Snavely, the plaintiff in error and defendant below, for a'lót of ground situated in the township of South Lebanon, Lebanon county, containing -'three acres.

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Error to the Common Pleas of Lebanon county. June 23. Michael Wagner, the defendant in error and plaintiff below, brought ejectment against Cyrus K. Snavely, the plaintiff in error and defendant below, for a'lót of ground situated in the township of South Lebanon, Lebanon county, containing -'three acres. On the trial, the plaintiff gave in evidence the record of a judgment for $213 13, in favour of the borough of Lebanon, against Cyrus K. Snavely, the defendant, entered on a bond with warrant of attorney, in the Court of Common Pleas of Lebanon county, to April Term, 1843, No. 75, on the 6th…

1Opinion of the CourtRogers, J.

It is, in general, true, that where the defendant, in a judgment, is in possession at the time of the levy and sale, he cannot make any defence against the purchaser at a sheriff’s sale. By the purchase under regular process, the purchaser acquires a right, at least to the possession of the debtor, 'which alone will support the action of ejectment. But this principle cannot apply where the process is void; as where the sheriff undertakes to sell a life-estate, which he cannot do, as is ruled in Dennison’s Appeal, 1 Barr, 201, and in a case ruled at this term, and not yet reported. In the one…

2Cases cited1 opinion

  1. Blocher v. CarmonySupreme Court of Pennsylvania · 1815

3Cited by5 opinions

  1. Dunkel v. DatesmanSupreme Court of Pennsylvania · 1889
  2. Sallada v. MockSupreme Court of Pennsylvania · 1921
  3. Von Arx v. BooneCourt of Appeals for the Ninth Circuit · 1912
  4. Marks v. BakerSuperior Court of Pennsylvania · 1896
  5. Lewis's Assigned EstateSupreme Court of Pennsylvania · 1895

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