Andrew's Lessee v. Fleming
Supreme Court of Pennsylvania
EJECTMENT. In the course of the trial of this cause, the following points were ruled. 1. The plaintiff offered to give evidence of a conversation between Thomas Fleming, the husband of the defendant, under whom the held possession, and Callander, under whom the plaintiff claimed; in which Fleming, declared, "that he had title to the land in question, taken in execution as his, by the sheriff; and prayed Callander to permit him to continue sometime longer in possession.”
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EJECTMENT. In the course of the trial of this cause, the following points were ruled. 1. The plaintiff offered to give evidence of a conversation between Thomas Fleming, the husband of the defendant, under whom the held possession, and Callander, under whom the plaintiff claimed; in which Fleming, declared, "that he had title to the land in question, taken in execution as his, by the sheriff; and prayed Callander to permit him to continue sometime longer in possession.” It was objected, that the admission of the evidence would be setting up a person’s own declarations, to give him a title to…
1Opinion of the Court
By the Court:
— Lands are to be considered as chattels in Pennsylvania, for the payment of debts. In some counties of this State, and throughout the State of Delaware, the writs of Fi. Fa. always issue in that form. It is said, that the precedents mention “Lands and Tenements”; but this has not been proved, as it ought to be, by producing in Court such precedents before, at the time, and subsequent, to the issuing of the Writ. At most, however, it is but an omission, in point of form; which is too slender a foundation for oversetting a sheriff's sale of lands.
2Cited by1 opinion
- Andrew's Lessee v. FlemingSupreme Court of the United States · 1786