Lutz v. Kegerreis
Supreme Court of Pennsylvania
Appeal, No. 88, July T., 1895, by respondents, from decree of C.- P., Lancaster Co., Trust Book No. 15, page 136, ordering the sheriff to deliver forthwith possession of certain real estate to Lutz, the purchaser from the assignee of the respondent. The said real estate being in possession of said assignors in right of ownership claimed by the wife, one of the appellants.
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Appeal, No. 88, July T., 1895, by respondents, from decree of C.- P., Lancaster Co., Trust Book No. 15, page 136, ordering the sheriff to deliver forthwith possession of certain real estate to Lutz, the purchaser from the assignee of the respondent. The said real estate being in possession of said assignors in right of ownership claimed by the wife, one of the appellants. Rule to show cause why possession of property sold by the assignee for benefit of creditors for $3,765.01 should not be surrendered to the assignee’s vendee. The case came up on petition of purchaser and answer, and after…
1Opinion of the Court
Per Curiam,
The act of February 17, 1876, provides a more expeditious method than formerly existed for putting a purchaser of real estate at a valid sale by an assignee into the possession held by the assignor, at the time of the assignment. It is not intended as a substitute for an action of ejectment. It gives the court no power to determine the validity of an adverse title to the land. But, as against the assignor and those holding under him, it enables the court to give effect to the deed of assignment by requiring the assignor or any person representing him to surrender the possession to…
2Cited by3 opinions
- In re the Assigned Estate of ScottSuperior Court of Pennsylvania · 1897
- McFarlin v. LehderSuperior Court of Pennsylvania · 1901
- McFarlin v. LehderSuperior Court of Pennsylvania · 1901