Johnson v. Fullerton
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. On the 7th of October 1859, an execution was sued out of the Common Pleas by Wood & Johnson against Henry Fullerton, under which the sheriff levied on a tract of land in Union township, in said county, containing eighty-seven acres, which, by inquisition, was extended, at an annual rental of $75, of which, notice was given to defendant January 1st 1860. On the 13th of July 1860, a vend. exp. was sued out by Wood & Johnson, and on the…
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Error to the Common Pleas of Erie county. On the 7th of October 1859, an execution was sued out of the Common Pleas by Wood & Johnson against Henry Fullerton, under which the sheriff levied on a tract of land in Union township, in said county, containing eighty-seven acres, which, by inquisition, was extended, at an annual rental of $75, of which, notice was given to defendant January 1st 1860. On the 13th of July 1860, a vend. exp. was sued out by Wood & Johnson, and on the 4th of August the property was sold to John Johnson, to whom a deed was acknowledged and delivered August 10th 1860. On…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
No doubt it is right for the court to set aside the service of a habere facias, and award a writ of restitution, when the sheriff has ejected a party in possession, who is no party to the judgment, directly or indirectly, and could not legally he affected by it. But usually, where the defendant is in possession with his wife and family, the writ is executed by ejecting them all — otherwise the whole process would be useless or easily evaded. The sheriff was therefore justified by his writ in doing the same in this case, for he exercised…
2Cited by8 opinions
- King v. DavisU.S. Circuit Court for the District of Western Virginia · 1903
- Marko v. MendelowskiSupreme Court of Pennsylvania · 1942
- McKinney v. RussellSuperior Court of Pennsylvania · 1917
- Noyes v. BrooksSuperior Court of Pennsylvania · 1899
- Slaughter v. TatumSupreme Court of Alabama · 1928
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