Myers v. Myers
Supreme Court of Pennsylvania
ERROR to the common pleas of Bradford county. John Myers and Harvey Kellogg against Henry B. Myers. Ejectment for a tract of land.
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ERROR to the common pleas of Bradford county. John Myers and Harvey Kellogg against Henry B. Myers. Ejectment for a tract of land. The proof was, that an actual resident settlement had been made upon the land in dispute, by Jeremiah Myers, 'who sold to Harman Lovelace, who continued it; that a judgment was obtained against Lovelace, upon which execution issued, and the land was levied and sold by the sheriff to the plaintiffs, who brought this ejectment to recover the possession. And the court below (Herrick, president) charged the jury that the plaintiffs were entitled to recover, although…
1Opinion of the Court
Prut Curiam.
The plaintiffs below are purchasers of an improvement right on a judgment, and the defendant resists their claim to the possession, because they reside with their families elsewhere. Whatever objection there might be to a settlement by a tenant ab origine, there certainly can be none to the continuance of a settlement by the tenant of a purchaser at a sheriff’s sale, else no creditor could purchase for his security without abandoning his previous residence and pursuits; nor could the settler sell to any one who would not be willing to perform the same condition. Moreover, it could…
2Cited by2 opinions
- Gordon v. ReesSuperior Court of Pennsylvania · 1944
- Smith v. BeckSupreme Court of Pennsylvania · 1855