Greenough v. Small
Supreme Court of Pennsylvania
APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF NORTHUMBERLAND COUNTY. No. 93 July Term 1890, Sup. Ct.; court below, No. 217 December Term 1886, C. P. On August 16, 1886, William I. Greenougb brought ejectment against “ Bruce Small and Susan E. Small, bis wife, in right of said Susan E.,” to recover the undivided one sixth of a parcel of land situate in Upper Augusta township. Issue.
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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF NORTHUMBERLAND COUNTY. No. 93 July Term 1890, Sup. Ct.; court below, No. 217 December Term 1886, C. P. On August 16, 1886, William I. Greenougb brought ejectment against “ Bruce Small and Susan E. Small, bis wife, in right of said Susan E.,” to recover the undivided one sixth of a parcel of land situate in Upper Augusta township. Issue. At the trial on March 28, 1890, the death of Bruce Small, defendant, was suggested of record, and the plaintiff showed title as follows: It was admitted that George B. Youngman died on April 9, 1880,…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
On the 9th of April, 1880, George B. Youngman died intestate, seised, inter alia, of the premises in dispute. The plaintiff’s claim is for the undivided interest of one of the heirs at law of the decedent, sold upon execution and purchased by him at sheriff’s sale ; while the defendant’s claim is as a purchaser of the decedent’s title at an Orphans’ Court sale by the administrators for payment of debts: judgment was entered for the plaint*136iff. ' Whether this judgment was properly entered depends upon the decision of a single question, whether or not, after a sale of…
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