Thompson v. Phillips
U.S. Circuit Court for the District of Eastern Pennsylvania
This was an action of ejectment for a house and lot in Philadelphia. Both parties claimed under Charles Hurst, who was seised in fee of the premises in May, 1775, subject to a ground rent. The plaintiff claimed title by a deed from Charles Hurst to Edward Evans, dated 18tb of May, 1775, and a deed of the 21st of August, 17S7, from Evans to Charles Hurst.
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This was an action of ejectment for a house and lot in Philadelphia. Both parties claimed under Charles Hurst, who was seised in fee of the premises in May, 1775, subject to a ground rent. The plaintiff claimed title by a deed from Charles Hurst to Edward Evans, dated 18tb of May, 1775, and a deed of the 21st of August, 17S7, from Evans to Charles Hurst. On the 11th of April, 1791, a judgment was obtained in this court, by Thomas and John Wilson against Charles Hurst, under which the premises in question were sold by the marshal, and by a deed acknowledged in court on the 11th of April, 1S25,…
1Opinion of the Court
BALDWIN. Circuit Justice
(charging jury). The first of the important questions which have arisen in this case, and very ably argued, is, whether the sale of the premises in question by the marshal, under the judgment of Wilson v. Hurst [Case No. 17.808], is void for want of an alias fieri facias, and a levy thereon to October term, 1823. If the writ of fieri facias, with a levy on specific real estate, was the only authority to a sheriff to make a sale, and vested him with the possession or right of property therein, this objection would be fatal; for an execution must be in part executed, or…
2Cases cited10 opinions
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Tayloe v. Thomson's LesseeSupreme Court of the United States · 1831
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Young v. TaylorSupreme Court of Pennsylvania · 1809
- Burd v. Lessee of DansdaleSupreme Court of Pennsylvania · 1809
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