Allabach v. Wood
Supreme Court of Pennsylvania
Error to the Common Pleas of Luzerne County to review a judgment for plaintiff in an action of ejectment. John (x. Wood brought this action against Albert J. Allabach and others to recover possession of property which he had purchased at sheriff’s sale.
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Error to the Common Pleas of Luzerne County to review a judgment for plaintiff in an action of ejectment. John (x. Wood brought this action against Albert J. Allabach and others to recover possession of property which he had purchased at sheriff’s sale. Plaintiff showed that the title to the premises had been in Edward W. Allabach; that Allabach had mortgaged them to Charles Lehman to secure a loan of money; that plaintiff and another bought this mortgage, foreclosed it, and at sheriff’s sale of the land plaintiff purchased it. After showing this title he rested. Defendants then made an offer…
1Opinion of the Court
Per Curiam :
The plaintiff below gave evidence of an undoubted legal title, regular on its face, to the land in question. The defendants, sought to overthrow this by proving an equitable title in themselves. The burden of this proof was cast on them. If all the *336evidence they offered was insufficient to defeat the legal title, there was no error in rejecting it.
This legal title was acquired by a purchase at sheriff’s sale on the foreclosure of a mortgage. There was no offer to show that, at the execution thereof, the mortgagee had any notice of the equities now set up.
It follows the evidence…
2Cited by2 opinions
- Miller v. WeberSupreme Court of Louisiana · 1866
- Estate of Mille v. HebertSupreme Court of Louisiana · 1867