Legal Opinion

Lessee of Porter v. Neelan

Supreme Court of Pennsylvania

Decided October 15, 1804PublishedCited by 5 opinions

Ejectment for 200 acres in Luzerne township. The plaintiff claimed the lands under a sheriff’s deed. They were levied on as the property of Richard Hawkins, but sold without any writ of venditioni exponas. The only question before the court, was, whether the defect of this writ, vitiated the sale.

1Opinion of the Court

*By the Court.

The act of 1705, “for taking lands r* “in execution for payment of debts,” expressly directs, 1 I09 that on the condemnation of the lands, a venditioni exponas shall issue, and under this authority the sheriff sells the lands. The act of 23d March 1764, is a strong exposition of the former law. It renders sheriff’s deeds and sales made bona fide, theretofore, before the publication of the act, for valuable consideration, valid in law, though there had been no venditioni exponas issued. But the act is in this particular, wholly retrospective, and has no effect on future cases.…

2Cited by5 opinions

  1. Cash v. TozerSupreme Court of Pennsylvania · 1841
  2. Armstrong v. JacksonIndiana Supreme Court · 1822
  3. Shields v. MiltenbergerSupreme Court of Pennsylvania · 1850
  4. Leshey v. GardnerSupreme Court of Pennsylvania · 1842
  5. Braddee v. BrownfieldSupreme Court of Pennsylvania · 1841

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