Legal Opinion

Stroble v. Smith

Supreme Court of Pennsylvania

Decided May 15, 1839PublishedCited by 28 opinions

ERROR to the common pleas of Berks county. Henry W. Smith against Daniel Stroble. Ejectment for one hundred acres of land. The plaintiff, after having.given in evidence a judgment and execution against William Senger and a sale of the land in. dispute as his property to him, gave in evidence the sheriff’s deed, dated the 12th of January 1S37, and acknowledged the same day..

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ERROR to the common pleas of Berks county. Henry W. Smith against Daniel Stroble. Ejectment for one hundred acres of land. The plaintiff, after having.given in evidence a judgment and execution against William Senger and a sale of the land in. dispute as his property to him, gave in evidence the sheriff’s deed, dated the 12th of January 1S37, and acknowledged the same day.. It also appeared ■ in evidence that the sale had been made to the.plaintiff on the 11th of January 1837, by adjournment from the 22d of -December 1836. The return day of the venditioni exponas, upon which the land was…

1Per curiam

In taking for granted that the directions of the statute had not been followed, the judge perhaps conceded too much—at least there is nothing in the evidence brought up with the record to show that any thing was omitted—and the principle, that every thing is presumed to have been rightly done in a court of record, is applicable to such a case. The construction pressed upon us by the defendant below, would make a sheriff’s sale as ineffectual as formerly was a tax sale. But it is not said in any part of the statute, that the omission of a thing requested shall avoid the deed. It may be a…

2Cases cited1 opinion

  1. Adlum v. YardSupreme Court of Pennsylvania · 1829

3Cited by28 opinions

  1. Long v. LongCourt of Appeals of Maryland · 1884
  2. Austin v. LoringSupreme Court of Missouri · 1876
  3. Deford v. MercerSupreme Court of Iowa · 1867
  4. Test v. LarshIndiana Supreme Court · 1881
  5. Williard v. WilliardSupreme Court of Pennsylvania · 1868

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