Shoemaker v. Ballard
Supreme Court of Pennsylvania
Error to the Common Pleas of Bradford county. This was an ejectment, by Ballard against Shoemaker and others, for fifty-five acres of land. The plaintiff, to make out his title, gave in evidence that Gilbert Ayres| had possession of the land in question, under articles of agreement with John Ferguson; that he obtained judgment against Ayres, under which the land was sold at sheriff’s sale to Ballard, and a sheriff’s deed made to him.
Read the full summary
Error to the Common Pleas of Bradford county. This was an ejectment, by Ballard against Shoemaker and others, for fifty-five acres of land. The plaintiff, to make out his title, gave in evidence that Gilbert Ayres| had possession of the land in question, under articles of agreement with John Ferguson; that he obtained judgment against Ayres, under which the land was sold at sheriff’s sale to Ballard, and a sheriff’s deed made to him. The defendant, Shoemaker, claimed by virtue of a parol sale from Ayres before the rendition of Ballard’s judgment, and that he had taken possession and paid the…
1Opinion of the Court
The opinion of the court was delivered, by
Rogers, J.
This is an action of ejectment, to recover 55 acres of land. The plaintiff, to support his title, gave in evidence a fi. fa. and levy made upon two tracts of land, an inquest held by the *94sheriff, as shown by his return, upon a certain piece or parcel of land, not designating (as the defendants contend) which parcel. The venditioni exponas and sheriff’s deed, being offered in evidence, were objected to, because the land in question had not been condemned. The court admitted the evidence; whereupon the defendant offered to prove, by witnesses…
2Cases cited4 opinions
- Burd v. Lessee of DansdaleSupreme Court of Pennsylvania · 1809
- Baird v. LentSupreme Court of Pennsylvania · 1839
- Lessee of Glancey v. JonesSupreme Court of Pennsylvania · 1805
- Beatty v. SmithSupreme Court of Pennsylvania · 1804
3Cited by2 opinions
- Carroll v. MinerSuperior Court of Pennsylvania · 1896
- Lessee of Glancey v. JonesSupreme Court of Pennsylvania · 1805