Legal Opinion

Foulk v. M'Farlane

Supreme Court of Pennsylvania

Decided May 15, 1841PublishedCited by 3 opinions

ERROR to the Common Pleas of Cumberland county. This was an action of ejectment for a tract of land by Clemens M’Farlane against Willis Foulk and Henry Burkholder. Both parties claimed under Willis Foulk, who was the original owner of the land.

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ERROR to the Common Pleas of Cumberland county. This was an action of ejectment for a tract of land by Clemens M’Farlane against Willis Foulk and Henry Burkholder. Both parties claimed under Willis Foulk, who was the original owner of the land. The plaintiff gave in evidence the record of a judgment at the suit of Johnston Moore against Willis Foulk: No. 104, January Term 1813, regularly revived up to the 12th of April 1837. Fieri facias, No. 16, April Term 1839, levied on the land in dispute, which was sold on a venditioni exponas to August Term 1839, to Clemens M’Farlane, who received the…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The appellant contends that the first sheriff’s sale, though effected by the collusion of the purchaser with the defendant, was only voidable and not absolutely null and void, and that Johnston Moore, having elected as judgment creditor, to receive his proportion of the proceeds of sale, is thereby estopped from treating that sale as void, and proceeding against the land in the hands of the purchaser.

Whether the sale is to be termed absolutely null and void to all intents and purposes, or only void as respects Moore, in case he determines…

2Cases cited2 opinions

  1. Stroble v. SmithSupreme Court of Pennsylvania · 1839
  2. Gilbert v. HoffmanSupreme Court of Pennsylvania · 1833

3Cited by3 opinions

  1. Stuart v. BrownIndiana Supreme Court · 1893
  2. E. L. Martin & Co. v. JohnsonMissouri Court of Appeals · 1886
  3. Porter v. M'GinnisSupreme Court of Pennsylvania · 1843

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