Legal Opinion

Donley v. Semans

Supreme Court of Pennsylvania

Decided January 7, 1918No. Appeal, No. 61PublishedCited by 9 opinions

Appeal, No. 61, Oct. T., 1917, by defendant, from judgment of O. P. Greene Co., June T., 1916, No. 28, dismissing exceptions to sheriff’s sale, in case of Edward G. Donley v. Isaac W. Semans. Exceptions to a sheriff’s sale. Before Bay, P. J. Motion to quash appeal. The opinion of the Supreme Court states the facts. The court dismissed the exceptions. Defendant appealed. Error assigned was in dismissing the exceptions.

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Appeal, No. 61, Oct. T., 1917, by defendant, from judgment of O. P. Greene Co., June T., 1916, No. 28, dismissing exceptions to sheriff’s sale, in case of Edward G. Donley v. Isaac W. Semans. Exceptions to a sheriff’s sale. Before Bay, P. J. Motion to quash appeal. The opinion of the Supreme Court states the facts. The court dismissed the exceptions. Defendant appealed. Error assigned was in dismissing the exceptions. The requirements of the Act of January 12, 1705, 1 Smith’s Laws 56, relating to giving notice to the defendant of a sheriff’s sale were not complied with. The appeal was not…

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

Plaintiff began proceedings to foreclose a mortgage against coal land in Greene County, belonging to defendant, a nonresident of the county, to which defendant on the return day of the aliás scire facias appeared and filed an affidavit of defense. Subsequently judgment was entered against him because of the insufficiency of the affidavit and a levari facias issued under which the sheriff, after giving notice by advertising in two newspapers published in Greene County, and by handbills posted on *90the premises and in other places in the county, sold the property at…

2Cases cited2 opinions

  1. Platt-Barber Co. v. GrovesSupreme Court of Pennsylvania · 1899
  2. Mehaffey v. FinkSuperior Court of Pennsylvania · 1900

3Cited by9 opinions

  1. Fenerty Disbarment CaseSupreme Court of Pennsylvania · 1947
  2. Miller Estate v. Department of HighwaysSupreme Court of Pennsylvania · 1967
  3. Real Estate & Mortgage Co. v. Duquesne Light Co.Superior Court of Pennsylvania · 1930
  4. Schmehl v. MellingerSupreme Court of Pennsylvania · 1937
  5. Dziengielewski v. Dickson City School DistrictSupreme Court of Pennsylvania · 1934

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