Helffrich v. Greenberg
Supreme Court of Pennsylvania
Appeal, No. 70, Jan. T., 1903, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1902, No. 3224, on case stated in suit of Henry B. Helffrieh to use of Philadelphia Trust Safe Deposit & Insurance Company, Executors of L. Taylor Dickson, Deceased, v. Mendel Greenberg. Case stated to determine the validity of title to real estate.
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Appeal, No. 70, Jan. T., 1903, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1902, No. 3224, on case stated in suit of Henry B. Helffrieh to use of Philadelphia Trust Safe Deposit & Insurance Company, Executors of L. Taylor Dickson, Deceased, v. Mendel Greenberg. Case stated to determine the validity of title to real estate. From the case stated it appeared that plaintiff’s title was derived through a sheriff’s sale in a case in which judgment was entered against an administrator for want of a sufficient affidavit of defense. The judgment was attacked as invalid on the…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This was a case stated to determine the validity of the title to real estate acquired by a sheriff’s sale under a judgment entered against an administrator for want of an affidavit of defense. The only subject to be considered is the power of the courts of common pleas of Philadelphia to make the following rule adopted by them in March, 1893 : “ An affidavit of defense shall be required from executors, administrators, guardians, committees and others sued in a representative capacity. Provided: That an affidavit by the defendant in such case, stating that he has…
2Cases cited5 opinions
- Vanatta v. AndersonSupreme Court of Pennsylvania · 1811
- Mutual Life Insurance ex rel. Scott v. TenanSupreme Court of Pennsylvania · 1898
- Seymour v. HubertSupreme Court of Pennsylvania · 1877
- Leibert v. Hocker, Pennsylvania Court of Common Pleas, Philadelphia County1836
- Sellers v. BurkSupreme Court of Pennsylvania · 1864
3Cited by4 opinions
- Equipment Corp. of America v. Primos Vanadium Co.Supreme Court of Pennsylvania · 1926
- Brookville Title & Trust Co. v. Beaver Trust Co.Supreme Court of Pennsylvania · 1917
- Lowenstein v. MichaelSuperior Court of Pennsylvania · 1914
- Roberts v. WhiteSupreme Court of Rhode Island · 1911