Smith v. Scholl
Supreme Court of Pennsylvania
Appeal, No. 23, Jan. T., 1918, by petitioner from order of C. P. No. 1, Philadelphia Co., Dec. T., 1895, No. 673, discharging rule for citation, to show cause why a party in possession of real estate should not deliver possession to petitioner and awarding jury trial in case of Martha W. Smith v. Augusta C. Scholl.
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Appeal, No. 23, Jan. T., 1918, by petitioner from order of C. P. No. 1, Philadelphia Co., Dec. T., 1895, No. 673, discharging rule for citation, to show cause why a party in possession of real estate should not deliver possession to petitioner and awarding jury trial in case of Martha W. Smith v. Augusta C. Scholl. Petition for a citation under Act of April 20, 1905, P. L. 239, to show cause why a party in possession of real estate should not deliver possession of premises to petitioner. Before Shoemaker, J. The opinion of the Supreme Court states the facts. The court discharged a rule for…
1Opinion of the Court
Opinion by
Me. Justice Moschziskee,
December 30, 1895, a scire facias was issued on a mortgage given by Augusta C. Scholl to Martha W. Smith, 'and, after two returns of nihil habet, the encumbered premises, being the property now in controversy, were sold, on April 6, 1896, to Otto Wolff, to whom, May 16, 1896, a sheriff’s deed was executed, acknowledged and delivered. Nothing was done by Mr. Wolff toward securing possession till May 15, 1917, one day prior to the expiration of twenty-one years from the date of the sheriff’s deed, at which time he presented a petition, under the Act of April…
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