Robins v. Bellas
Supreme Court of Pennsylvania
APPEAL from the circuit court of Northumberland county. John Robins, the appellant, brought this action, being an ejectment,.against Hugh Bellas, to recover the possession of three lots of land, Nos. 20, 22 and 23, situate in Augusta township of Northumberland county. Both parties derived their title from Thomas Robins, who was admitted to have been seised in fee of the lots.
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APPEAL from the circuit court of Northumberland county. John Robins, the appellant, brought this action, being an ejectment,.against Hugh Bellas, to recover the possession of three lots of land, Nos. 20, 22 and 23, situate in Augusta township of Northumberland county. Both parties derived their title from Thomas Robins, who was admitted to have been seised in fee of the lots. The plaintiff claimed, first, under a sheriff’s sale of the lots, as the estate of Thomas Robins; and next, under a deed of conveyance, from Jacob Seitzinger and Martin Weaver, who had become the trustees of the said…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.—On
the first question, whether the plaintiff acquired any title to the lots in question by means of the sheriff’s deeds, the circuit court was undoubtedly right. No deed is good or can have any efficacy as such without a delivery by tbe party making it. And it is very manifest that in this case, Walter Brady, the sheriff, who signed and sealed the deeds, never delivered them to John Robins, the plaintiff, and Gideon Maride, or to either of them. And even if the deeds were delivered to the prothonotary by Brady, as escrows, to be delivered…
2Cases cited4 opinions
- Young v. TaylorSupreme Court of Pennsylvania · 1809
- Friedly v. ScheetzSupreme Court of Pennsylvania · 1823
- Negley v. StewartSupreme Court of Pennsylvania · 1823
- Miller v. MilfordSupreme Court of Pennsylvania · 1815
3Cited by3 opinions
- Eyerts v. AgnesWisconsin Supreme Court · 1856
- Cock v. ThorntonSupreme Court of Pennsylvania · 1885
- Walker v. McLoudCourt of Appeals for the Eighth Circuit · 1905