Foster v. Gray
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: This was an ejectment by Samuel Poster and wife and others v. James Gray, for a lot of ground in Bayardstown, Allegheny county; extending from Penn street to the Allegheny river, adjoining M’Kelvy and others, containing about two acres. The plaintiffs claimed as heirs of John McGregory.
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Error to the District Court of Allegheny county: This was an ejectment by Samuel Poster and wife and others v. James Gray, for a lot of ground in Bayardstown, Allegheny county; extending from Penn street to the Allegheny river, adjoining M’Kelvy and others, containing about two acres. The plaintiffs claimed as heirs of John McGregory. It appeared that John McGregory, at one time, had an equitable title to the premises, he having entered into an article of agreement with George Wallace, the former owner, for the purchase of the property. Whilst thus holding the equitable title, the…
1Opinion of the Court
The opinion of the Court was delivered, September 15, by
Lewis, J.
Where an injury is caused by an error in judicial
proceedings, it is better that the loss should fall upon the parties whose negligence or acquiescence occasioned the wrong, than upon innocent third persons. It is therefore a rule in the administration of justice, that where a judgment is not absolutely void, a sale to a third person, in pursuance of it, cannot he defeated by any error or irregularity whatever. Errors and irregularities in the judgment, are not to be regarded in collateral proceedings. It has been held that a…
2Cited by6 opinions
- Gile v. HudnuttMichigan Supreme Court · 1937
- Commonwealth, Aplt. v. Childs, W.Supreme Court of Pennsylvania · 2016
- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
- Benninghoff v. StephensonSupreme Court of Pennsylvania · 1894
- Commonwealth, Aplt. v. Childs, W.Supreme Court of Pennsylvania · 2016
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